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05-02-06CITY COMMISSION AGENDA City Commission Meeting Meeting date: May 2, 2006 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: May 16, 2006! Phone: (305) 663 -6340 Time: 7:30 PM x; City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether I paid or not) to represent a business entity or organization to influence "City" action. "City" action, is 'broadly described to include the ranking , and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action.. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call- B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 •p.m. 1) The Rotary Club of South Miami presenting a check for $5,000 for the Murray Park lighting. 2) Proclamation presented to Ellen Book, President of the .Rotary Club of South Miami for her leadership and contribution to the community. REGULAR CITY COMMISSION 1 AGENDA MAY 2, 2006 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes ( None) 2 City Manager's Report a) Open purchase order expenditures in excess of $5,000.00. b) Scheduling a final workshop relating to the Employee Manual. 3. City Attorney's Report PUBLIC "REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- :APPOINTING RALPH ROSADO TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF TWO YEARS, ENDING MAY 1, 2008 AND' PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING RALPH ROSADO TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- 'APPOINTING YVONNE BECKMAN TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF TWO YEARS, ENDING MAY 1, 2008 AND PROVIDING AN 'EFFECTIVE DATE.' 3/5 (A RESOLUTION RE- APPOINTING YVONNE BECKMAN TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A_TERM ENDING 5 -01- 2008) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- APPOINTING CAROL BELLAK- ESCOFFERY TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF TWO YEARS, ENDING MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A, RESOLUTION RE- APPOINTING CAROL BELLAK- ESCOFFERY . TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- APPOINTING DOROLYN DEAN TO SERVE ON THE REGULAR CITY COMMISSION 2 AGENDA - MAY 2,'2006 AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A: TERM OF TWO YEARS, ,ENDING MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING DOROLYN DEAN TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING NANCY DISOTUAR TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING NANCY DISOTUAR TO SERVE ON THE CRA ADVISORY BD FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES RE- APPOINTING LEE PERRY TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING LEE 'PERRY TO SERVE ON THE CPA ADVISORY BD FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING CURPHY W. GRANT TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING CURPHY GRANT TO SERVE ON THE CRA ADVISORY BD FOR A TERM ENDING 5 -01 -2008) (Mayor Feliu) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS'" COMMUNITIES FOR A LIFETIME INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A LIFETIME INITIATIVE) (Mayor Feliu) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY' OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $12,702.00; TO BE CHARGED TO ACCOUNT REGULAR CITY COMMISSION 3 AGENDA - MAY 2, 2006 NO. 001.2100.519.3440 CONSULTANT- LABOR ATTORNEY; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING LEE PERRY TO SERVE ON THE CPA ADVISORY BD FOR A TERM ENDING 5- 01- 2008) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' AUTHORIZING THE CITY MANAGER TO EXECUTE STREET SWEEPING WORK ORDER WITH SOUTH FLORIDA MAINTENANCE` SERVICES, INC. IN AN AMOUNT OF $46,150 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT NUMBER 111 - 1730 -541- 3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE STREET SWEEPING WORK ORDER WITH SO FLA MAINTENANCE SERVICES, IN AN AMT OF $46,150 TO BE CHARGED TO THE'STORMWATER TRUST FUND ACCOUNT WITH A CURRENT BAL$78,041.50) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ;AGREEMENT WITH TJ PAVEMENT CORP. FOR SNAPPER' CREEK 'ROADWAY & DRAINAGE' IMPROVEMENTS - PHASE III -A CONSTRUCTION IN AN AMOUNT OF $138,245.00 TO BE CHARGED TO SOUTH FLORIDA WATER `MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 -1712- 536 -6437; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TJ PAVEMENT FOR SNAPPER "CREEK' ROADWAY & DRAINAGE IMPROVEMENTS CONSTRUCTION IN AN AMOUNT OF $138,245.00'' TO BE CHARGED TO SO FLA WATER MANAGEMENT DISTRICT GRANT ACCOUNT WITH A CURRENT BAL$200,000) ('City Manager) 15 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL; SERVICE AGREEMENT; AUTHORIZING THE CITY MANAGER TO PAY THE FIRM OF BLITSTETN DESIGN ASSOCIATES $20,000 FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL PARKING GARAGE' CHARGING PAYMENT TO ACCOUNT NUMBER 001.0000- .132.2040; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE FIRM OF BLITSTEIN DESIGN ASSOCIATES $20,000 FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS I FOR THE MUNICIPAL PARKING' GARAGE CHARGING PAYMENT TO THE 73rd ST PARKING GARAGE 'ACCOUNT WITH A CURRENT BAL$20, 000) (City Manager) REGULAR CITY COMMISSION 4 AGENDA - MAY 2, 2006 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCE AGREEMENT WITH SUNTRUST BANK, WHICH THE CITY OF SOUTH MIAMI SHALL 'CO -SIGN FOR THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY'S ( SMCRA); PROVIDING A 15 -YEAR LOAN FOR $1,465,000 WHICH FUNDING SHALL FINANCE THE PURCHASE OF FIVE PARCELS WITHIN THE SMCRA 'MADISON SQUARE ECONOMIC DEVELOPMENT PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,: FLORIDA, DIRECTING THE ADMINISTRATION TO WORK WITH` MIAMI -DADE COUNTY FOR THE DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF SW 67TH AVENUE AND SW 64TH STREET;; PROVIDING AN EFFECTIVE DATE.3 /5_ (A RESOLUTION DIRECTING THE ADMINISTRATION TO WORK WITH MIAMI -DADE COUNTY FOR THE DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF SW 67TH AVE & SW 64TH ST) (Commissioner Beckman) 18. A RESOLUTION OF THE MAYOR' AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO - BOARDS AND COMMITTEES; APPOINTING BRADLEY CASSEL TO SERVE ON THE PENSION BOARD-FOR A TWO YEAR TERM ENDING APRIL 17, 2008; AND PROVIDING AN EFFECTIVE DATE. (Deferred 4118106) 3/5 (A RESOLUTION APPOINTING BRADLEY CASSEL TO SERVE ON THE PENSION BD FOR A 2- YR TERM ENDING 4 -17 -2008) (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) 5 ORDINANCE (S) FIRST READING 19 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MAAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H) (I) (J), (K) (L), (M) and (N) FROM ARTICLE IV,_ SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS REVIEW, 'FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION', APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILTTY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Vice 'Mayor Wiscombe) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDR$SSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE` THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE, GRANTED BY A MAJORITY VOTE OF THE COMMISSION.. COMMISSION REMARKS PURSUANT TO FLA "STATUTES 286. -0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION' WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A`RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED' PERSON MAY NEED TO ENSURE THAT A. VERBATIM RECORD: OF THE PROCEEDINGS IS" MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED., THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS' NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION AGENDA - MAY 2, 2006 6 South Miami a, kyomd Alf•AmedcaCkv " CITY OF SOUTH MIAMI 1111. INC0927ATE OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zooi To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager Adriana Hussein, Finance Director From: Kathy Vazquez, Purchasing Mgr. Date: April 25, 2006 Subject: Expenditures over $5,000.00 Spreadsheet On March 10, 2005, the City Commission requested that open purchase order expenditures in excess of the $5,000.00 be reported via the City Managers report instead of a Resolution. Therefore, the attached spread sheet has been developed with the intent of full disclosure of expenditures expected to exceed $5,000.00 during the current fiscal year. The spreadsheet provides the following information: • Vendor name and number. • Vendor selection • Brief description of services. • Total fiscal year expenditures as of 3/01/2006. • Total estimated expenditures for the current fiscal year (05/06) per departments request. • Amounts requested by departments. • Misc. comments. The spreadsheet reflects some vendors that have exceeded the $5,000.00 amount. In most cases this happens when the same vendor is used by different departments, unaware of the other department's purchases. Another way is by sending numerous invoices for small amounts for payment, therefore, the department looses track. In all cases vendors are monitored throughout the year for Charter compliance. 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M M 10 A M M w M cb O M 't O N a 0 N O N O d m n N 0 K O a 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO S BOARDS AND COMMITTEES; RE- APPOINTING RALPH ROSADO 6 TO SERVE ON THE AFFORDABLE HOUSING ADVISORY 7 COMMITTEE FOR A TERM OF TWO YEARS, ENDING MAY '1, 8 2008; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards and 12 committees, and wish to 'appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Ralph Rosado 16 to serve for a two -year term on the Affordable "Housing Advisory 17 Committee. The appointment shall expire May 1, 2008 or until a 18 successor is duly appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby re- appoints Ralph Rosado to 24 the Affordable Housing Advisory Committee. 25 26 Section 2. The expiration date of this appointment shall be May 27 1, 2008 or until a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 2ND DAY OF MAY, 2006 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu• 42 vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birtsc 45 Commissioner Beckman: 46 READ AND APPROVED AS TO FORM: 47 48 49 CITY ATTORNEY ..=n 1 om ,� I'll -I . . , . 1_y'-'m'-"'- .. ._.. , , r F i e V t d s " � iUf @tllpett� BMT n Ana CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunsd Drive Phone No. 305 - 663 -6340 South Miami, FL 33143 Fax No. 305 - 663 -6348 1. Name: 7141A P1QS4d0 (PleaO'AkAye, nt) 2. Home Address: �ZL S'W' Ni n1, FL 33155 3. Business Address: 70�6 Cora '{�✓cu�,, Atlw. FL 33155 4. Home Phone No. 30S 64$ 5147 Business Phone No. BOG 261 1 G0 n n Fax NO.' 305 2b2 1+610 5. Email Address: irrosalog alikmvli. OA hC8' n MIA 6. Education Background: &A. 4 M.A. 'K off r ' Md& VA I LOA 7. Comm nit Service: i 44" Mial...' C10^4W cow M em) Zoo S fd►(#M, • Co Zt�o5 akin Li G 8. Are you a registered voter? Yes. ✓ No 9. Are you a resident of the City? Yes No ✓ 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic _ African American Hispanic American >/ Other 12. T amp interested in serving on the following board(s)lcommittee(s); A Kyy4e_we_ �6,As VLq Signature Date ' /N/05 Applitant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revlscd S/02 . <. . a Fz:- �- ��n- =,P,�- � -F3-h _T-- -� . .., -�-- .....N �.. n._<_��T�trr-ar"u z�`*�•,- €. t, �,�:.,. ��., 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO S BOARDS AND 'COMMITTEES; RE- APPOINTING YVONNE`BECKMAN 6 TO SERVE ON THE AFFORDABLE HOUSING ADVISORY 7 COMMITTEE FOR A'TERM OF TWO YEARS, ENDING MAY 1, 8 2008; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards and 12 committees, and wish to 'appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Yvonne Beckman 16 to serve for a two -year term on the Affordable Housing Advisory 17 Committee. The appointment shall expire May 1, 2008 or until a 1$ successor is duly appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby re- appoints Yvonne Beckman- 24, to the Affordable Housing' Advisory Committee. 25 26 Section 2. The expiration date of this appointment shall be May 27 1,,2008'or until a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 2' DAY OF MAY, 2006 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu: 42 vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts:' 45 Commissioner Beckman: 46 47 READ AND APPROVED AS TO FORM: 48 49 50 CITY ATTORNEY CITY O F SO U I II l Iff 41 ,111 B O,,i le DICOil f,,III T I'EL fi PPLICA TION 6130 Sunset Drive Phone Alo. 305- 663 -6340 South Miami, FL, 33143 Fax jVo. 305-663-6348 t ^ Yvonne Beckman 1. Narlle: Ll/�/ 58 5871 SW 83rd St South Miami, FL 33143 -8316 2. Home Address: b C3 32 9 3. Business Address: � ,j ,S. %� 3 4. home Phone No. N Business Phone No. 5. Education Back 7 ou d;�, ` 6. Cornmu itv Ser •e: S. Are you a registered voter? Yes No 9. Are you a resident of the Cit} :' Yes No 10. Do you have a business in the City'' Yes No 11. Ethnic Origin? Anglo American A!rican :American 13ispanic American Other Signature Date THIS AI'YI_ICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 111000 '---- ECEIVE MAY 1 12005 CITY CLERK'S OFFi[ F r•— r.a€;°• I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO S BOARDS AND COMMITTEES; RE- APPOINTING CAROL "BELLAK 6 ESCOFFERY TO SERVE ON THE AFFORDABLE HOUSING 7 ADVISORY COMMITTEE FOR A -TERM OF TWO YEARS, ENDING 8 MAY 1, 2008; AND PROVIDING AN EFFECTIVE DATE. 9 ; 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various' city boards and 12 committees, and wish to appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Carol Bellak 16 Escoffery to serve for a two -year term on the Affordable Housing 17 Advisory Committee. The appointment shall expire May 1, 2008 or until 18 a successor is duly appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The 'City Commission hereby re- appoints Carol Bellak- 24 Escoffery to the 'Affordable Housing Advisory Committee. 25 26 Section 2. The expiration date of this appointment shall be May 27 1, 2008 or until 'a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 2ND DAY OF MAY, 2006 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Feliu• 42 Vice Mayor Wiscombe 43 Commissioner Palmer: 44 Commissioner Birts: 45 Commissioner Beckman: 46 47 READ AND APPROVED AS TO FORM: 48 49< 50 CITY ATTORNEY ;r:.r %I 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH 'MIAMI, FLORIDA, RELATING, TO S BOARDS AND COMMITTEES; RE- APPOINTING DOROLYN DEAN 6 TO SERVE ON THE AFFORDABLE HOUSING ADVISORY 7 COMMITTEE FOR A TERM OF TWO YEARS, ENDING MAY 1, 8 200$; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards and 12 committees, and wish to appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Dorolyn Dean 16 to serve for a two -year term on the Affordable Housing Advisory 17 Committee. The appointment shall expire May 1,' -2008 or until a 18 successor is duly appointed and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby re- appoints Dorolyn Dean 'to 24 the Affordable Housing Advisory Committee. 25 26 Section 2. The expiration date of this appointment shall be May 27 1, 2008 or until a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect 'immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS 2ND DAY OF MAY, 2006 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40' COMMISSION VOTE: 41 Mayor Feliu• 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts: 45 Commissioner Beckman: 46 47 READ AND APPROVED AS TO FORM: 48 49 50 CITY ATTORNEY C/PY OF SOUTH MIAMI HOARVICOMMITrEEAPPLICATLON 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 - 663 - 6348 1. Name: EE�fl (Please print) 2. Home Address: 3. Business Address: l� �J�.SGa ,'Il1G � - -3 N/ ,r I 4. Home Phone No. �� b5� �`'� Business Phone No. 065) 3 �] �,� `a$ A Fax No. CM 314 5. E-mail Address; 6. Education Background: SCCt�zz�t SC.iC G ewjA -Rd P0A -11M 7. Community Service: S. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non- 11ispanic,T' African American ' ' Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): A 1= )t:-09LE First choice Second choice Mird choice Fourth choice Signature Date apy. A ' THIS APPLICATION WILL RE MAIN "ON FILE FOR ONE YEAR Revised 8/02 ECEIo MAY 0 3 2005 - ..- CITY CLERK'S OFFICE - - -- -- -- MY t1 l RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; RE- APPOINTING NANCY DISOTUAR TO SERVE ON THE 6 COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR 7 A TWO YEAR TERM ENDING MAY 1, 2008; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, The Mayor and Commission recognize the important contributions made 12 by those who serve on the various city boards and committees, and wish to appoint a full 13 complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint Nancy Disotuar to serve for a 16 two -year term on the Community Redevelopment Agency (CRA) Advisory Board. Appointment 17 shall expire May 1, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby re- appoints Nancy Disotuar to the CRA 23 Advisory` Board. 24 25 Section 2. The expiration date of this appointment shall be May 1, 2008 or until a 26 successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29' 30 PASSED AND ADOPTED THIS 2ND DAY OF MAY, 2006 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42' Commissioner Beckman 43 READ AND APPROVED AS TO FORM; 44 45 46 CITY ATTORNEY F I a•r•i• d a tl 1 aooi CITY OF SOUTH MIAMI BOARVIGOMl IrTEEAPPUCA rION 6130 Sunset Drive Phone No. 305-663-6340 South Miami, FL 33143 Fax No. 305 - 663 -,6348 1. Name • (Please print) 2. Home Address: 3. Business address: 65335 S.(Z 4 Horne Phone No. �30 o2�c'rJ Business Phone No.ns CA'? Jnn Fax No. SCiiin AS (lJf? . 5. E -mail Address: _e(�KCi�M F1c?yicc 6. Education Background: 7. Community Service: 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes Na 10. Do you have a business in the City? Yes No 11. Ethnic Origin? / White Non - Hispanic • African American Hispanic American ✓ Other 12. I am interested in serving on the following board(s) /committee(s): First choice Second choice 'third choice Fourth choice Signature /i1 Date cJ c� Applicamf TDIS APPLICATION WILL REMAIN ON FILE FOR ECEIVED Revised 8 /02 JAN IS 2005' I CITY CLERK'S OFFICE I " RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, I RELATING TO BOARDS AND 5 COMMITTEES; RE- APPOINTING LEE PERRY TO SERVE ON THE 6 COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR 7 A TWO YEAR TERM ENDING MAY 19 2008; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 I l WHEREAS, The Mayor and Commission recognize the important contributions made 12 by those who serve on the various city boards and committees, and wish to appoint a full 13 complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to re- appoint Lee Perry to serve for a two- 16 year term on the Community Redevelopment Agency (CRA) Advisory Board. Appointment 17 shall expire May 1, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby re- appoints Lee Perry to the CRA Advisory 23 Board. 24 25 Section 2. The expiration date of this appointment shall be May 1, 2008 or until a 26 successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval._ 29 30 PASSED AND ADOPTED THIS 2ND DAY OF MAY, 2006 31 32 ATTEST: APPROVED': 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 - Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42 Commissioner Beckman: 43 READ AND APPROVED AS TO FORM: 44' 45 46 CITY ATTORNEY F a 9 JAN 2 3 204 ::..... zo 61 CITY CLERK'S OFFICE CITY OF SOUTH MIAMI BOARD/COMM/TTEEAPPUCAT /ON 6130 Sunset Drive Phone Na 305- 663 -6340 South WI=4 FL 33143 Fax No. 305 -663 -6348 1. Name• I— Q. e < 1 lease pprint j 2. Home Address: (� 1,21 YW. b Z.. I c: e, 1% C- e- 3. Business Address: (� pS 6G'1� �'1 4. Home Phone No. �2 �f Business Phone No. Fax No. 5. E -mail Address: _ 6. E ducatipxi BacTro nd: s V45 7. Community Service: i i i S. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes '✓ No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non Hispanic African American /His American Other 12. 1 am interested in serving on the following board(s) /committee(s): I I First choice Second choice Third choice Fourth choice �2..lf Date Signature Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8102 i I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; APPOINTING CURPHY W. GRANT TO SERVE ON THE 6 COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR 7 A TWO YEAR TERM ENDING MAY 1 2008; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, The Mayor and Commission recognize the important contributions made 12 by those who serve on the various city boards and committees, and wish to appoint a full 13' complement to each of the active boards and committees; and 14 15 WHEREAS, The City Commission desires to appoint Curphy W. Grant to serve for a 16 two -year term on the Community Redevelopment Agency (CRA) Advisory Board. Appointment 17 shall expire May 1, 2008 or until a successor is duly appointed and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 21 22 Section 1. The City Commission hereby appoints Curphy W. Grant to the CRA 23 Advisory Board. 24 25 Section 2. The expiration date of this appointment shall be May 1 2008 or until a 26 successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED THIS 2' DAY OF MAY, 2006 31 32 ATTEST: APPROVED 33 34 35 CITY CLERK MAYOR 36 37 COMMISSION VOTE: 38 Mayor Feliu: 39 Vice Mayor Wiscombe: 40 Commissioner Palmer: 41 Commissioner Birts: 42 Commissioner Beckman: 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY wa ?BCD i; fX i Fvl o' r• ij d n 4. by CITY OF SOUTH MIAMI BOARD/COMM/TTEEAPPL /CAT /O/V 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: lease pri ) .�, 2. Home Address: 3 3 6/ N 1, /L _/ 3 40-kot AlL 3 l 3. Business Address: �o Al ArXC,-T •Ll K. 4. Home Phone No. � % 3 j / Business Phone No, Fax No 5. E -mail Address: dj/ a ass e�•, 6. "cation Background: Noy 4 f.,e. 0 i 101 C, C_ 1 k_ IL �--r r-_L6 UAr p UL-7 L � -per/ 7. C munity Service: 8. Are you a'registered voter? Yes No 9 Are you a resident of the City? Yes No X 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non- Hispanic_. African American Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): sM A— First choice Second choice Third choice Fourth choice Signature Ci Date Ap' lican - - THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH ; MIAMI, FLORIDA, SUPPORTING THE FLORIDA 5 DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A 6 LIFETIME INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE 7 8 WHEREAS, The City of South Miami supports the Florida Department of Elder Affairs' 9 Communities for a Lifetime initiative to make Florida a friendlier place to live for people of all 10 ages, that they may be as independent as long as possible, and remain in their homes and in the I l communities they love; and 12 13 WHEREAS, the State of Florida has the highest percentage of elders of any state in the 14 nation and our elder population will continue to increase, reaching numbers without precedent in 15 the first part of the XXI Century; and 16 17 WHEREAS, in order to allow all residents to maintain their dignity, security and 18 independence, communities must evaluate, assess and modify their infrastructures to create a 19 Community for a Lifetime; and 20 21 WHEREAS, The City of South Miami and the Florida Department of Elder Affairs 22 share the vision and responsibility to improve the life of all citizens so they can prepare for and 23 enjoy aging in place throughout their life; and 24- 25 WHEREAS, in order to achieve out mutual goals, cities and counties should begin to 26 build together a place free of physical, emotional and social barriers; and 27 28 WHEREAS, the Commission for Senior Citizens will be the committee designated to 29 work on this project. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 33' 34 Section 1. Our community will make every effort to first evaluate and later remove 35 barriers to create a Community for a Lifetime. 36 37 Section 2. The Commission for Senior Citizens will be responsible for this project. 38 39 Section 2. This resolution shall take effect immediately upon approval. 40 41 PASSED AND ADOPTED this day of May, 2006. 42 43 ATTEST: APPROVED: 44 45 46 ' CITY CLERK MAVOu 04 zxE sT�r STATE OF FLORIDA - °�� Cfe .ex anf C�.afr.�rx or O ab THE CAPITOL TALLAHASSEE, FLORIDA 32399 -0001 D WETR�S TONI JENNINGS www.flgov.com GOVERNOR 50- 488 -4711 850 - 921 -6114 fax April 4, 2006 Mayor Horace G. Feliu City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mayor Feliu:' It is my pleasure to join Elder Affairs Secretary Carole Green in recognizing May 2006 as Older Americans Month. In the enclosed letter, Secretary Green presents a compelling case for supporting the Communities for a Lifetime (CFAL) initiative established by Governor Jeb Bush and the Florida Cabinet: By adopting a_CFAL Resolution, your community will be taking the first step toward assuring a quality life experience for all Floridians, particularly our valued seniors.' I hope you will give favorable consideration to this excellent opportunity to celebrate Older Americans Month through participation in the CFAL initiative. Very truly yours, Toni Jennings me Enclosure Governor's Mentoring Initiative BEAMENTOR.BEA BIG HELP. k 6+ 1- 800 - 825 -3786 ` ..,.°. ,, — ,:..= ;,, c; •.-- °:— ^'�cs� JEB BUSH GOVERNOR CAROLE GREEN SECRETARY 4040 ESPLANADE WAY TALLAHASSEE, , FLORIDA 32399 -7000 ? phone 850.414.2000 `. fax 850.414.2004 Apri14, 2006 Mayor Horace G. Feliu JV City of South Miami 6130 Sunset Drive 1!? South Miami, FL 33143 Dear Mayor Feliu: As Older Americans Month (May 2006) approaches, it is appropriate to focus on the fact that Florida demographics are rapidly changing. The facts are: • Very soon, for the first time in history, the number of older people in our nation will exceed the number of children; and; • The aging baby boomer generation, currently 26 percent of Florida's population, is here! They will affect our communities in a very real way. Still, I am concerned that communities are not properly preparing so individuals can age in place with a sense of dignity, security and purpose. For this reason, I challenge you and your community, during Older Americans Month, to follow the examples of more than 77 other Florida communities and pass a resolution in support of the Governor and Cabinet's statewide initiative, Communities for a Lifetime (CFAL). Communities for a Lifetime serves as a catalyst and provides information and technical assistance for communities to begin addressing a variety of challenges they will face with the future of an aging population — challenges and opportunities in areas such as housing, health care, transportation, community development, senior employment, volunteer education opportunities and recreation.: The Florida League of Cities and the Florida Association of Counties both endorse this initiative, and as a respected community leader, your help is needed! Elder residents are extremely valuable assets to your community, both socially and economically. Annually, Florida's elder population contributes and represents: • 7.5 million volunteer days to our communities, • $135 billion in spending power, • $3.5 billion in donations to charities, • $2.8 billion in net tax benefit, • $1 billion in local school taxes, and • VOTES (in the 2002 statewide general election, 39 percent of total voters were age 60 and older). Creating a Community for a Lifetime is a process that ideally will involve the entire community, but the first step in the process begins with you. By passing a CFAL resolution, you will demonstrate to the seniors and other residents of your community that you are committed to making a difference in the lives of not only the older adults, but all residents in your community. TDD 850.414.2001 http: / /elderaffairs.state.H.us t Communities for a Lifetime Page 2 How do you begin the process of creating a Communityfor a Lifetime? Your local government: • Passes a resolution in support of the initiative and notifies the Department of Elder Affairs (DOER); • Forms a committee to assess and inventory quality of life elements that are important for senior independence and care, and encourages residents to remain in the community throughout their entire lifetime (this inventory can be used to market the community to current residents and potential newcomers);' • Identifies areas in need of attention and incorporates them into a community action plan with a timeline for completion; • Sends completed inventory to DOEA for review and recommendations ; and • Develops strategies to initiate partnerships and collaborations to address identified needs. Communities for a Lifetime is not intended to impose additional financial burdens on participating communities, but rather assists local elected officials, community leaders and residents in working together to plan the most effective use of existing resources. For more information about becoming a participating Community for a Lifetime, please contact Sunny Phillips, Department of Elder Affairs, at (850) 414 -2058. I sincerely hope that you will accept this invitation and use it as a starting point to help your community flourish and achieve its full potential by embracing our seniors and truly creating a Community for a Lifetime where everyone benefits. Sincerely, Carole Green Secretary Enclosure: Communities for a Lifetime Toolkit (sample CFAL resolution included) I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; 5 APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN'_ THE 6 AMOUNT OF $12,702.00 TO BE CHARGED TO ACCOUNT NO. 7 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami approved the retention 11 of labor counsel James C. Crossland of Akerman Senterfitt at the recommendation of the city attorney, to 12 represent the city in addressing employment claims; and 13 14 WHEREAS, Akerman Senterfitt submitted its invoices to the City for legal services rendered, and 15 costs advanced, for the period ending March 31, 2006, totaling $12,702.00; and 16 17 WHEREAS, the fees and costs on the attached invoice are reasonable and necessary. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 20 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 21 22 Section 1. The invoices for attorneys' fees and costs received from Akerman Senterfitt, 23 in the total amount of $12,702.00 are approved for payment charging $12,702.00 to account no. 24 001.2100.519.3440 Consultant Labor Attorney, with a current balance of $14,128.36. 25 26 Section 2. This resolution shall take effect immediately upon approval. 27 28 PASSED AND ADOPTED this day of 2006. 29 30 ATTEST: APPROVED: 31 32 33 CITY CLERK MAYOR 34 35 36 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 37 Mayor Feliu: 38 Vice Mayor Wiscombe: 39 Commissioner Palmer: 40 CITY ATTORNEY Commissioner Birts: 41 Commissioner Beckman: 42 43 44 CADocuments and Settings \SRothsteinNy Documents \Reso - Ord \Resolution AkermanSenterfitt05O2O6.doc - Senterfitt ATTORNEYS AT LAW Fort Lauderdale One Southeast Third Avenue Jacksonville 28th Floor Miami Miami, Florida 33131 -1714 New York www.akerman.com Orlando Tallahassee 305 374 5600 tel 305 374 5095 fax_ Tampa Washington, DC West Palm Beach April 13, 2006 Jeanette Enrizo Human Resource Manager City of South Miami 6130 Sunset Drive ' South Miami, Florida 33143 Re: Oscar Suarez Termination Arbitration Dear Ms. Enrizo: p3 / r" As we discussed, fees and costs incurred in the defense of the City m, -the Osc Suarez Termination Arbitration are reflected on the invoice for General Labor & Emo, ent matters. 1,4-, " Each time entry relating to the arbitration is parenthetically designated. The total related to the arbitration billed on this invoice is $11,192.50. The total for costs relating to the arbitration billed on this invoice is approximately $218.00. =If you have any questions, please do not hesitate to contact me or Mr. Crosland. Very truly yours, AKERM,AN SENTERFITT David C. 'Miller Enclosures IM2395071 ;1 } I I Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 13- Apr -06 Orlando, FL 32802 Bill No. 8083974 Tel: 407-843-7 860 Fax: 407-419-8593 MS. YVONNE S. MCKINLEY CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: GENERAL LABOR & EMPLOYMENT Matter Number: 0145273 INVOICE SUMMARY For professional services rendered through March 31, 2006 as summarized below and described in the narrative statement: SERVICES $ 12,469.00 DISBURSEMENTS $ 233.00 TOTAL THIS INVOICE $ 12,702.00 To ensure proper credit to the above account, please indicate matter no. 0145273 and return remittance sheet with payment in US funds. Wired funds accepted. Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104` Account Number: 0215- 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT . FT LAUDERDALE JACKSONVILLE • MIAMI • ORLANDO TALLAHASSEE - TAMPA WASHINGTON DC WEST PALM BEACH ..- --�., . .;•^; . � -�, .,�,.,, r�r•,,�;�a, n„ :;-—��,. �_,, ��„�xi�.,, ,., Vic:, , ��, -=v :".�, - Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 31- Mar -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8083974 Date Services Atty Hours 13- Mar -06 REVIEW SUAREZ TERMINATION FILE ( SUAREZ DCM 1.20 TERMINATION ARBITRATION). 15- Mar -06 REVIEW DOCUMENTS ( SUAREZ TERMINATION JCC .80 ARBITRATON). 16- Mar -06 PREPARE FOR MEETING WITH MANAGER ( SUAREZ DCM 1.00 TERMINATION ARBITRATION). 16- Mar -06 ATTEND MEETINGS WITH MANAGER, ENRIZO ( SUAREZ DCM 3.50 TERMINATION ARBITRATION). 16- Mar -06 REVIEW DOCUMENTS ( SUAREZ TERMINATION DCM 1.50 ARBITRATION). 16- Mar -06 CONFERENCE CITY MANAGER RE: PENDING CASES. JCC 3.30 17- Mar -06 REVIEW SUAREZ COMPLAINTS, VIDEO ( SUAREZ DCM ` .70 TERMINATION ARBITRATION). 20- Mar -06 TELEPHONE CONFERENCE HUMAN RESOURCES (MARIA) DCM .30 RE WITNESS INTERVIEWS ( SUAREZ TERMINATION ARBITRATION). 20- Mar -06 REVIEW EMIALS FROM HUMAN RESOURCES (MARIA) RE DCM .30 WITNESS INTERVIEWS ( SUAREZ TERMINATION ARBITRATION). 20- Mar -06 REVIEW DOCUMENTS RE: SUAREZ ( SUAREZ JCC .50 TERMINATION ARBITRATION). 20- Mar -06 ANALYZE ISSUES ( SUAREZ TERMINATION ARBITRATION). JCC = .60 20- Mar -06 TELEPHONE CONFERENCE CITY MANAGER ( SUAREZ JCC .30 TERMINATION ARBITRATION). 22- Mar -06 PREPARE FOR WITNESS INTERVIEWS ( SUAREZ DCM .60 TERMINATION ARBITRATION). 22-Mar-06 ATTEND WITNESS INTERVIEWS (GILBERT, RICHARDSON, DCM 4.20 KINSEY), MEETING WITH NAVARRO, MCKINLEY ( SUAREZ TERMINATION ARBITRATION). 22- Mar -06 REVIEW ALL CITY FILES RE SUAREZ ( SUAREZ DCM 2.30 TERMINATION ARBITRATION). 23- Mar -06 ATTEND WITNESS INTERVIEW (ROSS); MEET WITH DCM 3.00 ENRIZO MORTON TO DISCUSS CASE ( SUAREZ TERMINATION ARBITRATION). Akerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI< As of 31- Mar -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8083974 Date Services Atty Hours 23- Mar -06: TELEPHONE CALLS TO ENRIZO (2 CALLS) (SUAREZ DCM .40 TERMINATION ARBITRATION). 23- Mar -06 TELEPHONE CALLS TO LABRADOR (2 CALLS) (SAUREZ ` DCM .40 TERMINATION ARBITRATION). 23- Mar -06 TELEPHONE CALLS, EMAILS TO COURT REPORTER RE DCM .60 TRANSCRIPTS (SUAREZ TERMINATION ARBITRATION). 23- Mar -06 TELEPHONE CONFERENCE NAVARRO RE: PERSONNEL JCC .30 ISSUE. 23-Mar-06 REVIEW DOCUMENTS. < JCC .30 23- Max -06 TELEPHONE CONFERENCE NAVARRO RE: PERSONNEL JCC .30 ISSUE. 23-Mar-06 TELEPHONE CONFERENCE NAVARRO RE: PERSONNEL JCC .40 ISSUE. 24- Mar -06 REVIEW UNEMPLOYMENT COMPENSATION HEARING DCM 1.00 TAPE (SUAREZ TERMINATION ARBITRATION). 24- Mar -06 IDENTIFY AND PREPARE EXHIBITS (SUAREZ DCM 3.20 TERMINATION ARBITRATION). 25- Mar -06 MEET WITH ENRIZO, SCANLON, MILLS TO PREPARE DCM 4.00 TESTIMONY (SUAREZ TERMINATION ARBITRATION). 25- Mar -06 PREPARE EXHIBITS, MILLS TESTIMONY OUTLINE - DCM 6.20 (SUAREZ TERMINATION ARBITRATION). 27- Mar -06 PREPARE TESTIMONY OUTLINES, PREPARE FOR WITNESS DCM 4.30 MEETING (BARZOLA, MARTINEZ, NAVARRO) (SUAREZ TERMINATION ARBITRATION). 27- Mar -06 ATTEND WITNESS' MEETING (BARZOLA, MARTINEZ, DCM 3.00 NAVARRO) (SUAREZ TERMINATION ARBITRATION). 27- Mar -06- TELEPHONE CALL NAVARRO RE WITNESS MEETINGS DCM .20 (SUAREZ TERMINATION ARBITRATION). 27- Mar -06 TELEPHONE CALL MILLS RE WORKSHEET (SUAREZ DCM .20 TERMINATION ARBITRATION). 27- Mar -06 REVIEW DOCUMENTS (SUAREZ TERMINATION JCC .60 ARBITRATION). 27- Mar -06 ANALYZE ISSUES (SUAREZ TERMINATION ARBITRATION). JCC .90 28- Mar -06 ANALYZE INFORMATION FROM WITNESS INTERVIEWS DCM 1.00 (SUAREZ TERMINATION ARBITRATION): Akerman Senterfitt Page 5 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 3'1- Mar -06 0145273 GENERAL LABOR& EMPLOYMENT Bill Number 8083974 Date Services Atty Hours 28- Mar -06 DRAFT HECHAVARRIA STATEMENT (SUAREZ DCM .60 TERMINATION ARBITRATION). 28- Mar -06 LEGAL RESEARCH RE DEFACING PUBLIC RECORDS DCM .80 (SUAREZ TERMINATION ARBITRATION). 28- Mar -06_ TELEPHONE CALL MILLS RE CASE STRATEGY (2 CALLS) DCM .60 (SUAREZ TERMINATION ARBITRATION). 28- Mar -06 ANALYZE SUAREZ ISSUES (SUAREZ TERMINATION DMH .20 ARBITRATION). 28- Mar -06 REVIEW DOCUMENTS. JCC .60 28- Mar -06 ANALYZE EVIDENTIARY AND PUBLIC RECORDS ISSUES. JCC 1.00 30- Mar -06 REVIEW EMAIL FROM CITY RE (SUAREZ TERMINATION - DCM _ .30 ARBITRATION). 30-Mar-06 PREPARE HECHAVARRIA TESTIMONY OUTLINE (SUAREZ DCM .40 TERMINATION ARBITRATION). 30- Mar -06 PREPARE BARZOLA TESTIMONY OUTLINE (SUAREZ DCM 1.00 TERMINATION ARBITRATION). 30- Mar -06 PREPARE FOR WITNESS MEETINGS (MILLS, BARZOLA, DCM 2.00 HECHAVARRIA, ENRIZO, JAMES, GILBERT) (SUAREZ TERMINATION ARBITRATION). 30- Mar -06 TELEPHONE CALLS WITH ENRIZO, MORTON (2 CALLS) DCM .50 (SUAREZ TERMINATION ARBITRATION). 30- Mar -06 TELEPHONE CALL WITH MILLS (SUAREZ TERMINATION DCM .30 ARBITRATION). 30- Mar -06 ANALYZE ISSUES RE: INVESTIGATION (SUAREZ JCC .70 TERMINATION ARBITRATION). 31- Mar -06 ATTEND WITNESS PREP ( BARZOLA, HECHAVARRIA, DCM 5.00 ENRIZO JAMES, GILBERT) (SUAREZ TERMINATION ARBITRATION). 31- Mar -06 TELEPHONE CALL PUBLIC DEFENDER RE BARZOLA DCM .40 DEPOSITION (2 CALLS) (SUAREZ TERMINATION ARBITRATION). 31- Mar -06 TELEPHONE CALL MORTON RE BARZOLA DEPOSITION (2 DCM .20 CALLS) (SUAREZ TERMINATION ARBITRATION). 31- Mar -06 REVIEW DOCUMENTS RE: SUAREZ (SUAREZ JCC .50 TERMINATION ARBITRATION). ,°„r:iasr-"`,.a.,..— Akerman Senterfitt Page 6 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 31- Mar -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8083974 Date Services Atty Hours 31- Mar -06 ANALYZE EVIDENTIARY ISSUES AND STRATEGY JCC .90 (SUAREZ TERMINATION ARBITRATION). Total Services ... .. . ...... ... .. ..... ..... .... ..... $12,469.00 Date Disbursements Value 03/23/06 TELECOPY 2.00 03/23/06 TELECOPY 2.00 03/24/06 TELECOPY 2.00 03/24/06 TELECOPY 2.00 03/28/06 TELECOPY 1.00 03/28/06 TELECOPY 1.00 Total for TELECOPY 10.00 03/14/06 DUPLICATING 32.00 03/15/06 DUPLICATING 7.00 03/23/06 DUPLICATING 0.25 03/24/06 DUPLICATING 38.00 03/24/06 DUPLICATING 17.00 03/24/06 DUPLICATING 61.75 03/24/06 DUPLICATING 12.50 03/25/06 DUPLICATING 1.00 03/25/06 DUPLICATING 2.00 03/25/06 DUPLICATING 1.50 03/25/06 DUPLICATING 26.75 03/27/06 DUPLICATING 11.00 03/31/06 DUPLICATING 12.25 Total for DUPLICATING 223.00 Total Disbursements............ ........................................................................ ............................... $233.00 Akerman Senterfitt Page 7 035247' STATE OF FLORIDA, CITY OF SOUTH MIAMI ' As of 31- Mar -06 0145273 GENERAL LABOR & EMPLOYMENT Bill Number 8083974 Initials Name Hours Rate Amount DCM D. C. MILLER 55.20 185.00 10,212.00 DMH ' D. M. HEEKIN 0.20 185.00 37.00 JCC J. C. CROSLAND 12.00 185.00 2,220.00 Total 67.40 $12,469.00 SOUry South Miami o 0A ELEL101 AN- AmraicaCkv 1, NCORPOR ED CITY OF SOUTH MIAMI IAT � •�� o Rio �. OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 20 01 . To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun REM, CFEA, Director Public Works & Engineering Department Agenda Item No.: , 3 A Date: May 2, 2006 g Subject: Approval of Street Sweeping work order. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE STREET SWEEPING WORK ORDER WITH SOUTH FLORIDA MAINTENANCE SERVICES, INC. IN AN AMOUNT OF $46,150 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT NUMBER 111 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to approve work order for Street Sweeping Services Reason /Need: In an effort to continue providing clean City streets, we are proposing to continue our street sweeping maintenance services with South > Florida Maintenance Services, Inc. The sweeping service will be provided twice a week along 14.59 miles of the City's streets. We are "piggybacking" on the City of Miami Spring's' Bid Award Contract with Purchase Order No. 060097. Cost: $46,150.00 Funding Source: Account No. 111- 1730- 541 -3450 Backup Documentation: 0 Proposed Resolution 0 Copy of City of Miami Spring's Purchase Order No. 060097 LJ Copy of City of Miami Spring's Bid Award Contract U Map of the Sweeping Area I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, AUTHORIZING THE' CITY MANAGER TO EXECUTE 6 STREET SWEEPING WORK ORDER WITH SOUTH FLORIDA MAINTENANCE` 7 SERVICES, INC. IN AN AMOUNT OF $46,150 TO BE CHARGED TO STORMWATER 8 TRUST FUND ACCOUNT NUMBER 111 1730 -- 541 - 3450; PROVIDING FOR AN 9 EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to provide street sweeping along City 12 streets; and 13 14 WHEREAS, the City wants to continue street sweeping service with South Florida Maintenance 15 Services, Inc. for this fiscal year in an amount of $46,150; and 16 17 WHEREAS, the sweeping service will be funded through Public Works Department's Stormwater 18 Trust Fund account number 111= 1730- 541 -3450 with an account balance of $78,041.50 before this 19 request. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE ,MAYOR AND CITY COMMISSION OT THE 22 CITY OF SOUTH MIAMI, FLORIDA THAT: 23 24 25 Section 1: The City Commission authorizes the City Manager to execute a street sweeping work 26 order with South Florida Maintenance Services, Inc. in an amount of $46,150.00. 27 28 Section 2: The street sweeping service will be funded through Public Works Department's 29 Stormwater Trust Fund account number 111 -1730- 541 -3450. 30 31 Section .3: The street sweeping work order shall be made part of this resolution. 32 33 PASSED AND ADOPTED this day of May, 2006. 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 41 42 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 43 Mayor Feliu 44 Vice Mayor Wiscombe: 45 Commissioner Palmer: 46 CITY ATTORNEY Commissioner Birts: 47 Commissioner Beckman: 48 . 2005 07:06 3058182428 SOUTH FLORIDA. MAINTE PAGE 02 FROM :City or Miami Sprung$ - FAX NQ. :305 8055177 Oct, 07 2005 03:24d°M P1 PURCHASE 0R -DER PAGE; l P-0- #: 060097 INVOICE CITTY Y OF MI AMI SPRINGS DATE, 10/06/o5 FT1 DEPARTMENT WPAL 2Q1 W%STWA�2D �?ai2V,� PIRST ORIGIIVA FLOOR L MIAMI SPRINGSf pL 331665259 TO: SOUTH P40RIDA MAINTENANCE SERV 9700 W 79 AVENCM MIAMI," FL 33016 SHIP TO: CITY OP MIAMI SPRINGS TEL# (305) 818 PUBLIC WORKS DEPARTMM4T 345 NORTH ROYAL POINCIANA -2424 EOULEVARD ` �AX�fi (3P5) 83.8-2426 MIAMI S.PRI1� W, FL 33166 VENDOR 1695 - 1 IV R'BX: SHIP VIA: 0I%Oif05 BEST WAY DESTINATION TERMS NET CONFIRM BY CONFIRM TO CHRISTIAN INFAN'TB MOIRA E. RAMOS REQUTSITIC? A BY R RT81TIOMD ACCOUNT NO. REQ. NO. 135- 0904 - 541.34.00 YOEZLE RE DATE' 24900 10 01/05 �,INE QUANTITY DOM ITEM NO, AND DESCRIPTION SXTENDED UNIT COS COST 104.00 EA CURBS2 E STREET SWEEPING SERVICES 254,.,330 26450.32 F,[Y 05 06 CC1tHNCI APAR 9126105 SUB' —TOTA 26450.32 TOTAL 26450.32 AVINORIZED BY ..:�,, HID AWARD CONTRACT THIS AGREEMENT made and- entered into this Friday, August 27, 2004, by and between the CITY OF MIAMI SPRINGS, a Municipal Corporation organized and existing under the Laws of the State of Florida, (hereinafter referred to as "City "),, and South Florida M& nttenance Services, Inc. (hereinafter referred to as "Contractor ") W I T N E S S E T H WHEREAS, the City of Miami 'Springs has determined it is necessary and in the best public interest to establish a contract for CITY WXDZ STREET 8MPING PROJECT; and, WHEREAS, The City of Miami Springs has solicited certain bidet for CITY WIDE, STREET SWEEPING; WHEREAS, "Contractor" has properly submitted its bid for CITY WIDE STREET SWEEPING, as set forth in the attached Contract Documents and in accordance with the terms and conditions thereof; and, WHEREAS, the City administration and the City of Miami Springs City Council have determined that the bid of "Contractor" is the lowest bidder meeting specifications received for certain items pursuant to its published invitation to bid, and, WHEREAS, the City of Miami Springs City Council` accepted the bid of "Contractor" to provide CITY WIDE STREET SWEEPING at its City Council Meeting of AUGUST -23t', 2004 and directed the preparation of this Bid Award Contract for execution by the City and "Contractor "; NOW, THEREFORE, the parties to this Agreement hereby agree as follows: Bid Award Contract Page L of 5 60 39tld Ho8nd dIW OS d0 AiIO 908ZL99906 Z9, :0Z 500Z/ZZ/60 r I I That the following listed "Contract Documents" for this bid award are attached hereto and by this specific reference made a part hereof, to-wit; a) The Legal Notice to Bidders b) General Conditions and Instructions c) Sweep Specifications d) Bid Proposal 2. That the parties mutually agree to be bound by the aforesaid "Contract Documents" in the administration and completion of this Contract. 3. That this Bid Award Contract shall encompass the following work to be performed by the Contractor, to -wit! CITY WIDE STREET SWEEPING as is more fully described in contract documents attached hereto. 4. That "Contractor" agrees to provide all services, materials, and equipment necessary for the timely completion of its duties and responsibilities as set forth in its,bid''and all other referenced and attached "Contract Documents ". 5. That "City" agrees to make all payments to ; "Contractor" for all work performed in accordance with the terms and conditions for payment contained in the referenced and attached "Contract Documents", 6. That notwithstanding anything . contained herein -to the contrary, the parties hereto mutually acknowledge that in the event j that no funds or insufficient funds are budgeted and appropriated during any term of the contract for the payment of the obligations hereunder to contractor, the city's- obligations under this contract shall automatically terminate on the last day of the fiscal year in which funds were budgeted and appropriated for this contract. Bid Award Contract Page i2 of 5 I I tr0 3gvd HDNnd dIW OS dO AM 908ZZ99906 - I5:0t 580Z/ZZ/60 • b 7: That any notice which either party is required or may desire to give to the other under this agreements,. -shall be in writing and shall be 'given by registered or certified mail, return receipt requested, postage prepaid, addressed to the respective party at its address shown in the Contract oci ments attached hereto. S. That should it become necessary for either party to this Contract to bring suit to enforce any provisions hereof or for damages on account of any breach of this Contract,; the prevailing party on any issue �n any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable attorney's fee as 'fixed by the court. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first above written in five (5) counterparts, each of which shall, without; proof or accounting for the other counterpart, be deemed to be an original Contract. Bid Award Contract Page 3 of 5 90 39Vd Hoancl VIW- OS JO AM 908ZL99906 I9 :0I B00Z /ZZ /60 CITY OF MIAMI SPRINGS; A Municipal' Corporation ATTEST; BY — �Ll Jame ity Manager Magal lls, CMC, City clerk (Seal;) BEFORE ME, the undersigned authority, personally appeared JAMES R. BORGMANN and MAGALf VALLS, the City Manager and City Clerk, res e'ctively, of the City Of Miami Springs, [personally known. to me, or n produced identification state that they have executed the who, after being duly sworn by me, foregoing Contract for the purposes therein expressed. SWORN` TO AND SUBSCRIBED befoxa me this r day of 2004 MY COMMISSION EXPIRES; - NOTARY PUBLIC, State:ot Florida At barge Printed Name 1 g S L W%—A t'Ai f pUg�3C5'CATE OF FWlt 4 IAY LION IV. omm Bid Award Contract Page 4 of 5 90 30Gd HOdnci dIW OS 3o A1IO 908LL9990E 19:01 G00Z /ZZ /60 - SOUTH FLORIDA MAINTENANCE SVC., INC. BY ATTEST; (sea!) BEFORE ME, the undersigned authority, personally appeared and the and respectively, of SOUTH FLORIDA MPINTENAI�CE SVC, INC., 0:7�ersonally known to me, or [j produced identification who, after being duly sworn by me, state that they have executed the foregoing Contract for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this day of ' 2009. Ky COMmISSION EXPIRES: NOTARY PUB IAC, State of Florida At Large Printed Name Bid Award Contract 'Page 5 of 5 L0 39Vd Hoand dIW.OS d0 AIIO 908LL99906 19:01 500Z /ZZ /60 CITY OF MIANH SPRINGS Finance Department 201 westward 'Drive Miami Springs. FL 33166 -5289 Phone: (30S) 805 -301 S Fax. (305) 8OS -5018 t Moira Ranns Finance Depan mcnt LEGAL NOTICE TATION To >am #05 -03/04 Proposals for Ci'>iY W11dE STpUT SWEF.MG will be received until 2 :0 P.M. OR helXalil, Sealed prop n Finai►ee Degent, on the first floor, Miami Springs City 13, 2004 by the City of Miami Seri gs' 201 Westward Drive, Miami Springs, Florida 33166. At time, date, gad place noted above, pmP°� Will be publicly opted. �y Proposals received sties • time and date &pccified will not be considered and returned to the bidder unopened. Deadline to request any additional informadon/ctaritication will be July 1, 2004- is available upon written request at the City's p=hasing Department, 201 This Invitation to Bid ( ) Florida 33166. The facsimila number is (305) 805- 5018. To Westward Drive, First Floor, Miami SprBs, verify reocipt ofrequest, Please call Moira Ramos at (305) 805 -SQ15. The City of Miami Springs reserves the right at any time to modify, waive, or `otherwise vary the ttrms and conditions of this Request for Proposal including, but not l� ��C� deadlines ��t to rCjectllanyoor the submission requirements and the Scope qu of Work. The Proposals at any time. Selection is dependent upon all submittals, to cancel or withdraw this Request for Prop.... the negotiation of a mutually acceptable contract with the suecessul proposer. CITY OF MIAAU SPRINGS I 60 39dd HoHnci dIW 0s dD AiID 908LL99906 15:0I 590Z/ZZ/60 STATEMENT OF NO RESPONSE Some recipients of this solicitation may elect not to respond for a variety of 'reasons. The City of Miami Springs is very interested in learning whether certain conditions exist wit h our solicitation process which may discourage responses. Accordingly, if you elect not 40 respond with an offer to . thia; solicitation, we ask that you indicate the reason below and either fax this form to 305 - 605 -5018 or mail the farm to City of Miami Springs Finance Department 201 Westward Drive Miami Springs, FL 33166 -5259 We do not offer this product /service or an equivalent. Our schedule would not permit us to perform ❑ Insufficient time to respond to solicitation,. jQ Unable to meet specifications. Specification. s, not clear. Q Unable to meet bond and /car insurance requirements Solicitation addressed incorrectly. Specifications "too tight" (i.e. geared to specific brand or manufacturer). if an explanation is appropriate, you may include it below or in an attached letter. I Due to the large Number of companies listed on the City's vendor list and the cast of mailing, it is necessary to delete the dames of persons or businesses who fail to respond to three (3)' consecutive' solicitations without giving a>reason or requesting retention on our vendor last. Do you desire future solicitations? n Yes [] NO Name : Title: Company: Address,: Telephone: Fax: orn Wnc_Ax /nd 2 0Z 39Vd HOHnd VIW OS 30 A1I0 soaZZ99906 TS:Ot 500Z/ZZ/60 any questions or responses require envelope with their bid. revisions'to the,' specifications as originally published, such revisions' BID WITTMRAWAL No proposal can be will be•by formal amendment only• withdrawn'' after it is filed unless the bidder makes his request in writing to The issuance of a written amendment is the City prior to the time set for the the only o fficial method whereby opening of bids, or unless the City interpretation, clarification or fails to accept it within ninety (90) addition information will be given. If days after the date fixed for opening any amendments are issued to this bids. Invitation to Bid, the city will attempt to notify all prospecti'v'e bidders who &ZLpER RESPONSIBILITY Before submitting have secured same; however, it shall be the proposal, each bidder shall make all the responsibility of each bidder, prior investigations and examinations to submitting their bid, to contact the necessary to ascertain all conditions city of Miami Springs to determine if an and requirements affecting the full amendment was issued and make such performance of the contract, and to amendment a part of their bid. verify any 'reprc5d.4atio^s ` made by the BID Original and ona Copy of city that the bidder will rely upon. No this entire document as well as any pleas of ignorance of such conditions other pertinent documents should be BID #05 -03104 Ciey -area• dip Cad•: belivary in Asp* A!t• Receipt of Purchase Order: bards code) Ttlepnon• 1u,mber, (7►r•a Cvdei Facsi • Surber: At Y -140$1 AddrO■aa Initial "appraprists boa to 0ele0ow1•dge 0.ezadmeat(s) if dee•sury. M D f"t rvi lamendment ; #1 Amendment #Z Amendment #3 S certify that tbia bid is made without prior �..•' understanding, aggreamant, or camaction wLth aay corporation, firm, or person 4rubmitt Ap a bid ior,th* ' Authori (Manual) same materials, aVvIia■, or oquLimene, and is in all L Pews ruapeet» t it and w4thout collusion or fraud. I agtr I r` �� _ �� y .e to abide by all ecmditions of t1da bid and certify Authorised Si.gnatuie (TYpCCV Or tbst Y am authorized to &JCM for, and easmmit, the Vllt+ der. STATE OP: /_. COUNTY OF: _ t BZpoRE m2, the undersigned authority, this document was acknowledged by �.� r At:ta., Who . is personally known.to me, or produced identification who, after being duly sworn by me, states that he /she hue executed this document for the purposes herein expressed_. SWORN TO AND SUBSCRIBED before me h,,is d, Y of 1A, 2004 ,f MY COMMISSION EXPIRES // Y of o id ' NOTARY' PUBLIC, State g1LEEN DOMINQUEZ At Large "CrA)tY Pusx - STATE GF AjM0A 7�vm C�MEX AU C�rS68D � 1b Neon Printed Name Rm �ns.n��t�4 i TT 39dd HONnd dIW oS d0 AII0 90aZZ9990E TS:OT 900Z/ZZ/60 GENERAL CONDITIONS AND INSTRUCTIONS ACCEPTANCE OR REJECTION 0? BIDS The returned in order for the bid to be considered for award. Bids shall be City of Miami Springs reserves the right submitted to the purchasing Agent to waive irregularities or to r eject all properly signed in ink, notarized, and : technicalities in bids or technicalities oa submitted in a sealed envelope. which bide part of any bid. shall be shown the name Of the bid der, ADDIZ'I4NAE+ INFO TION Each bidder shall bid opening date, and name and bid of the proposal. examine all parts of the Invitation to number Bid documents and shall judge all and B3. submitting a bid proposal, the bidder matters 'relating to the adeguscy The city of declares that he understands accuracy of such documents. specifications, that this bid prop P Miami Springs shall not be responsible arste rpretations given by any provisions, terms and conditions of valid cOntrac t far oral city employee, rep>rGsentative, or'' to eeea same, shall become a the City of Miami Springs and othere. of ` ignorance, the or that between: the undersigned upoa notice Of award of bidder,'of conditions that exist of contract in writing and /or issuance of rnay` hereafter "exist :as a. result on the part of the purchase order by the City of Miami failure or omission bidder to make the necessary Springs. s P examinations and investigations, or Assl (3NMSW The successful bidder(g) failure to fulfill in every detail the shall not assign. ;transfer, convoy, requirements of the contract documents, sublet or otherwi se dispose of this will be accepted as a basis for varying Miami. contract, or of any or all of its right, the requirements of the City of title or interest therein, or his or its Springs or the compensation to the suggestions or ower to execute such contract to any person, bidder. Arty inquiries, concerning interpretation, P company or corporation without of the `City. requests clarification or additional information prior written consent pertaining to these specifications _BIDDER CERTIFICATION SUbMie8ion of a should be submitted to; signed proposal is bidder's certification that the bidder will Mo ira . Ramos 201 Westward Drive accept any awards made to hi.;. as a ��1� ri'm ii 805- 5015 and terms contained therein. Telephone: (305) Facsimile. (30's) 805 -5018 SID. `IABT7►.A2'IONe Bidders desiring a cagy The bid tit le and number should be of the bid tabulation may request same - addressed stamped rPferAnced on all correspondence. Should by enclosin g a self and requirements resulting from failure maintained until work has been completed tad by the Cit'. to make such investigations and IRA aces examinations will relieve the successful general Liability: $1,000,O00 combined bidder from his obligation to comply in single limit per occurrence for bodily every detail with all provisions and injury, personal injury, and property requirements of the contract documents. damage. If Commercial G eneral Liability DEFAULT Failure or .refusal of a bidder ' Insurance or other form where a general -poste limit is ,used, either the _. to execute a contract upon award, as is general aggregate limit shall apPiY withdrawal of a bid before such award separ ately to this project /location or made, may result in forfeiture of that equal - the general aggregate'limit shall be portion of any bid surety required twice the required occurrence limit. to liquidated damages incurred by the City. where surety is not required, Automobile Li ability Insurance failure to execute a contract as for covering all owned, non -owned and hired connection with the described above may be grounds removing the bidder from the bidder's vehicles used in work, in an amount not.lese thaw list. $S00,00O per occurrence for Bodily Injury and Property Damage combined. DELIVERY All service, materials, sad /or equipment are purchased F.O.B. point of Worker's Compensation Insurance - as delivery in Miami _Springs. The required by Chap ter 440, Florida successful bidder must prepay all statutes. transportation charges to designated ,delivery in Miami Springs- All insurance required above point of Collect or Freight Due shipments will be shall.be issued by ;companies authorized business under the laws of the refused.; to do State of Florida, with the following EXCKPTIONS TO SPECIFICATIONS sidders qualifications as to management and financial strength. The company must be taking exception ta'any part t►r section these specifications shall indicate ,rated no less than "g" ae,to management "v" of such exceptions on their proposal. and no less than Clasen as to financial strength, by the latest Failure to indicate any exceptions Bhall be interpreted an the bidder's intent to edition of Best's insurance Guide, fully comply with the specifications as published by A.N. Best Company, Oldwick, ar its equivalent, subject t' writt en. New Jersey, to the approval of the Finance Director. EXPENSES INCUitRED IN p IMING PROPOSAL respoaaibil ty for Certificates of Insurance acceptable to The City accepts no any `,,expenses incurred in the proposal's the City shall be filed with the City the commencement of the work. preparation, and presentation: Such be borne exclusively, by prior to Theae policies described above, and aAy expenses are to eci certificates shall sp:Eicaily name the the bidder. City of Miami Springs as as adds ti onal INSPECTION All articles, materials, and Insured and shall contain a provisaan undex the supplies purchrised are subject to at destination. that coverage afforded policies will not be modified or inspection on Arrival The City of Miami Springs reserves the canceled until at lease,thixty 1301 days night to return for full credit at the prior to written notice haft bee= given risk and expense of the successful to the City of Fdiam Springs. bidder, all or part of the article 8, or supplies furnished Contractors shall include all materials, contrary to specifications and subcontractors as insu reds under its furnish separate instructions. policies or shall certificates and endorsements for each INSURANCE Prior to execution of the subcontractor. All coverages for be subject to all Cent— raft by the City and commencement of obtain all subcontractors shall of the requirements stated herein. wank, the Contractor must insurance required under this paragraph City for Cancellation clauses for each policy and submit same to the insurance shall be should read as follows Should any of approval. All nm .unt Ali M 5 TO 39Vd Howd ;m OS d0 AIIO 908LL99906 00 :Tt 900Z/ZZ/60 the above described policies be modified manner, and he may also be required to or canceled before the expiration date show past history and reference which; thereof, the issuing company will mail will enable this City to satisfy itself advance written notice ro the as to the bidders 'qualifications. Certificate Holder named herein thirty Failure to qualify according to the (30) , days Prior. foregoing' requirements may justify the City in. reject ng his bid. I,pTE .:BID REJECTION The City of M iami springs is not responsible for.the Ft�BI;1Cj�° iitii�i$` person ox delivery of any bid proposal. All bid affiliate`wh o has been placed on the proposals received by the Purchasing' convicted vendor list following a Agent after the time stated in the conviction for a public entity crime may Invitation; to Bid, shall be returned not submit 'a bid on a contract to unopened and will not be considered for provide any goods or services to a sward. public entity, may not submit a bid on a contract with a public entity for the LAWS AND REGULATIONS It shall be construction or repair o a public understood and agreed that any and all building or public work, may not submit services, materials and equipment shall bids on leases: of real property to a comply fully with all Local, State and public entity, may not be awarded or Federal laws and regulations. perform work as a contractor, supplier, subcontractor, or consultant under a LICENSES AND R3GISTRATIONS ' The contract with any public entity, and ma y contractor shall be responsible, for not transact business with any public' obtaining and maintaining any licenses entity in excess of the threshold amount required pursuant to the laws of Dade -provided in Section 287.017, for County, the City of Miami springs, or CATEGORY TWO for a period of 36 months the State of Florida. Every vendor from the date of being placed on the submitting a bid on this invitation to convicted vendor list. bid should include a copy of the Company's occupational license or a'' PERMITS The Contractor shall obtain all written statement`on lot texhead i re -qred occupational licenses and indicating the reason no license exists. permits. Applicable City of Miami Miami Springs:, Florida -based businesee!g Springs Building permits will be issued are required to purchase an occupational ;without charge covering contract work License to conduct` business within the i with the City. City.. vendors residing or baa'ed in an 'stater or municipality, but 1 fiELATION OF ;GZTX It is the lateral of maintaining a physical business facility ll the parties - berato' that the successful or.representativei in Miami Springs, may � libidder shall be legally considered as an also be restored to obtain such a independent contractor and that neither license by their own local. government he nor his employees shall, under'aty entity or by Miami Springs For circumstances, be considereed servants or information specific to Miami Springs iagentz of the City, and that the City occupational licenses call (305);;'805 be at no time legally responsible 5030. j for any negligence on the part or s aid succeerssful bidder, his servants or ME'I'HdD OF AWARD The City of Miami agents, resulting in either bodily or Springs reserves the right to make the personal injury or property damage to award on a total or package basis or on any individual, firm, or corporation. a unit basis, whichever is deemed in the best interests of the City. TAXES The City of Miami springs in. exempt from Federal Excise and State: of QUAIIFICATION.OF BIDDERS Each bidder Florida Sales Tax. state Sales Tax and may be required, before the award of any Use Tax Certificate Number is 23 -11 -3249 contract, to show to the complete satisfaction of thea City of Miami Springs that he has the necessary facilities, ability, and financial resources, to furnish the ;service as specified herein in a satisfactory Rm asns_nwna' Z0 99dd HOand'dIW OS JO AM 90$LL99506 00.11 900Z/ZZ/60 CONTRACTOR'S QQR5TI0MAIRR c t 1 Company Name; Principal. Officer Company Address: Years in Business under Present Name: r Primary type of work your firm engages in:'� ht o Years experience in y our primarX type of work: _ 4 vg-ars List other types of work your firm engages in- i F =rr.nt� Does our o rganization havccupI IddQLthecwork(s) and your of competency entiiting it contemplated in this Contract? Include cogie0 of licensee and cc of cates with bid prop al. Demonstrate your capacity to perform work of this magnitude by within the past two (2) years. that indicating five (5) projects are ;equal to or greater in scope. Contact Names Cotupany Name: Fe ti ` `r* Phori@ Fax # ,Contract Amount: r Y contact 'Name': Comp Name: C[awrr�- CID # phone # Fax Cantract'Amount: Contact Name: Company Name Contract Amount: 1"e Phone # Fax # BID #05.03/04 � 60 39Vd HoHni dIW OS JO AIIO 908LL9990E 00 AZT 500Z/ZZ/60 company Name: Contact `Name: talc GS z �' t Fax phone # Contrcc Amo t� Contact Name: Company Name Phone #, Fax # contract Amount: sno Have you ever failed to complete any work awarded to you? O If 90, where > and why' Has an offices° or partner of your organize' ion ever failed to Ha y complete `a contract handled in his own name If so, state name of individual, name of owner, and reason thereof: Aj What a ipment do you own that is available for the proposed work . r What Bank or Banks have you arranged to do business with during the course of the Contract should it be List the names, addresses, and phone na�erform this contract No subcontractors which you may utilize will be allowed without the change in sub - contractors, as listed, written. approval of the City of Miami Springs 9 HID #05.03104 Vo 39dd HoNnd dIW OS dO'hiIO 908LL9990E 00�Zti 900Z/ZZ/60 SPECIAL CONDITIONS SCONE The intent of these specifications is to set fort h and convey to prospective bidders the City -wide Street Sweeping as desired by the City of Miami Springs TERM OF CONTRACT This contract will be in effect far aL one (I) year period effective from date of award and the prices quoted' hereunder shall be f irm to the 'City; of Miami Springs for the duration of the contract. in addition, this contract may be renewed for two (2) additional one (1) year periods under the same terms and conditions. The renewals are contingent upon satisfactory performance by the c antractor and availability of Funds indicate your acceptance or rejection of the renewal option by initialing the appropriate box. Acceptt Reject 1/ TERMINATION OF CONTRACT` The City of Miami Springs reserves the right to terminate this contract if t he successful' bidder fails to perform satisfactorily in all areas of service, availability, delivery, quality and any other area covered by these specifications. in the event 0: f such cancellation, the City additionally reserves the right to make the award for the balance of the contract period to the'next higher bidder. EVALUATION OF BIDS Bid evaluation' will be based on: • Cost of services to the City of Miami Springs. • Experience of bidder. BID #05.03104 10 90 39dd H08nd dIW'OS d0 AiI3 90azt9990£ @O:LL 50 @Z /ZZ /60 PAYMENTS TO CONMCTOI7 AND COMPLETION Schedule of values The unit prices of the items into a fa serve as -- Amts: Aid will be incorpor Of ,Y'1 °...rwzr3cr a vi .w .....� Application far Payment acceptable to Public Servzces °1�ir� "Gtor. Pa ent and Acce Lance Thirty .(30? an in:af documentation, the City of the APPlication and accemp Y appropriate form and substathee,amountirecomme dildibySt elPublic 'Director's recommendation, the the -Cit to Services Director will become due and will be paid by CONTRACTOR. BID #05.0310 I1 90 39Vd HoHnd CIW OS d0 AiIO 908LL99906 00 :ZT 900Z /ZZ /60 SPECIFICATIONS 1) GENERAL - The contractor shall furnish all labors materials, equipment, and related items required to mplete accordance with the contract documents and specifications- a ur; a,,5a nQa rP,KiP�'tTPg 2? TERMINATIQN OF .CONTRACT - •he i�ty. of- CONTRACT ,- z,�a,...� ..�- -. the right to terminate this contract successful fails to perform satisfactorilyn by delivery and any other area cove edthe Cityead itionallyans,. In the event of such cancellation, reserves the right to make the award for the balance of the contract period to the next higher bidder. The Contract may be terminated if the Contractors: a) Fails to perform the contracted servino�ccordance with the terms and conditions of this contract; work that has been b) Neglects or refuses to correct any rejected by the public Services Director 3) ESTIMUED QUANTITIES - It shall be understood an and d gray be that quantities designated herein are estimated y increased -or decreased in accordance with th a actual ,normal requirements of the city, and that the City in accepting any, bid , rcts only agrees to purchase : I or por on and services in such qusntit es only the suppl ie�s, equipment,, as the actual 'requirements of the City. 4) EQUIPMENT All equipment to be utilized by the successful perform the clean contractor top cleaning/sweeping services as detailed herein must be of an app roves type. The equipment must be approved by the.Public Services Director for the intended use. ed, at a minimum, with flashing amber ui • Eqpment must be equipped, E9= end arrow board, both visible for a maximum of one mile light and' mounted for maximum `visibility. vacuum sweeping equipment with a water spray is required to provide contracted sweeping services.: Equipment shall have a 74 -inch wide sweep pass and a left and right gutter broom. Sweepers should'be capable of removing normal levels of debris and material from the street` and curbside in one pa.sa . Cleing. under or adjacent to parked cars an ;4a 11 :act be the responsibility of the contractor. BID #05 -03 /04 12 L0 3Jdd HO?jnd vIW OS d0 ,AIM 908LL9950E 00 � ZZ 5002/ZZ/60 5) WATER Water required for street cleaning shall be available from the fire hydrant located at the Public Works Yard, 345 .North Royal Poinciana Blvd, Miami Spring, Florida 6) HOURS OF OPERATION - Unless otherwise - directed by the public Serviced Director, the successful Contractor shall ensure the following schedule is adhered :to acid the ser .,Lce -q as required must be scheduled to ensure work commences after 11:`00 p.m. and is completed no later than 6:00 a.m. It is required under this contract that the sweeper driver log in with the Police - Department, located at 201. Westward Drive, Miami Springs, to ensure verification of contract performance.` Contractor shall fax a notification of completion to the Public Works Department each time the City is swept. 7) DAMAGE TO PROPERTY - The Contractor shall ensure extreme care is used to safeguard sidewalks, curbing, road surfaces and motor vehicles on or around all job sites. Damage to public or private property shall be the responsibility of the Contractor and shall be replaced and /or repaired at the expense of the Contractor. 8) FREQUENCY OF SERVICE - All areas shall be swept (itwice' per ` wee with the exception of Morningside Drive. Morni.ngside shall !be swept once per week, and. shall be swept no later than 11:30 p,M. 9) AREA OF SERVICE Ides Street (North LeJuene Road Curtiss Parkway l ) ard'Drive Curt ss C icle South Es lanade .69ss Parkwa curties circle IX=comizg Brig's .la; *Canal ' Street I Curtiss Circle I Nahkoda Drive' .19 *Book Square I Curtiss circle I S. Royal Pais,c asaa .31 *Park street I Nahkoda Drive 1xibiscus Arive`' .23 *Crbsts Street I Nahkoda Dz^i:ve I hibiscus 'Drive .23 *Coolidge - - I S, Royal poinciana N.W. 36'Stireet .27 *'S. Royal Ponciana I Mornln side; Drive I East drive .19 *Curtiss Parkway N.W. 35 Street Hunting Lodge Drive .34 (East Side Only) *Mornin side Drive I Navarre Drive Minola .80 # Curtiss circle Around Entire .44 Circumference #City Mall Parking Ent1r Parking ',Lot .04 Lot i (West of City Hall) *Liona;Club 301 Swallow Drive .05 (Parking lot on the west side of bu12din ) "Canal street Curtiss Parkwa Hook S uaze .01 TOTAL MRS dKILES -3 5.02 BID #05 -03104 13 80 39dd HOHnd t1IW OS �0' rllio 908LL99906 00.TT 900Z/ZZ'/60 v •�--� nom,- * Swept outside curb only #k ':.Sweep inaide (median) and outside curbs 10) ek—, CTI0 OF WORK - The Ci ty reserves the right to reject or material, if it does not meet contraydrawingsaet fYrth An these specifications or on the LIQUIDATE DAMAGES - Maintain the city roads is of the 11) specified shat I be maintained essence; herefore all routs sp must be accepted by the b the contractor. Each invoice before a Y Y representative Contract Manager or authorized i invoices are paid; If the vendor does not maintain the roads asp per the specification, the vendor may he assessed a penalty• For noncompliance of the speci.ficat Ons liquidated damages shall be assessed at the rate of one percent (1) of the total project .fee per occurrence for the first 10 times per month and two percent (2,%) per occurrence thereafter. BID #05.03/04 14 60 39dd Hoard dIW OS -M AIIO, 908!l9950E 00�ZZ 900Z/ZZ/60 city of Miami Springs PLEASE COMM t' A" SIiAe - AREIAS id #,5 -03/04 rM Igo City-Wide Street Sweeping pries Per Sweep Description otal Dollar Amount pot $weep (per specificetians) Hourly Rats Z ooilar Amount for Additional Services (hourly rate) AL 30Vd Hbdnci GIW' OS AO A-LID 908LL9990E 00�ZZ 900Z1ZZ/60 r?y,�- E,97 T ems„ —x. 3' -'"P u- •r;—,' .. Total length of curbs being swept: By Contractor ' SW T miles By City of South Miami 7.96 miles TOTAL: 22.55 miles T �i SW ER SIENAAVE Total length of curbs being swept: By Contractor ' 14.59 miles By City of South Miami 7.96 miles TOTAL: 22.55 miles W.53RD TER MILLER RD d T° t z SW 89TH 3T a r � f a SW RDTER S x SW 76TH ST BRDWN DR III i g t SW 8TH TER S ;a� n� r , �l. " td DAVIS RD > II' k 1 � SW 83RD87 � v� t k k C } . •:SW84THS N TX PINE DR SW 88TH ST E SW87THST SW R.�, 4�J � sw 88TH ST 05 � Made by City of South Miami Engineering & Construction, 4/21/2006. GIS Data by Miami -Dade County, 05/2005. So u x South Miami o ' All- AmmicaCh " . NCORPORATES CITY OF SOUTH MIAMI I fit o Rio OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: W. Ajibola Balogun, REM, -CFEA, Director Public Works & Engineering Department Date: May 2, 2006 Agenda Item No.: Subject:' Construction Contract with TJ Pavement Corp. for Snapper Creek Roadway & Drainage Improvements — Phase III -A Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH TJ PAVEMENT CORP. FOR SNAPPER CREEK ROADWAY & 'DRAINAGE IMPROVEMENTS PHASE III -A' CONSTRUCTION IN AN AMOUNT OF $138,245.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 -1712- 536 -6437; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute construction agreement with TJ Pavement Corp. for the Snapper ' Creek Roadway & Drainage Improvements Phase III -A. Reason /Need: To provide drainage improvements along SW 85th Street from SW 58th Avenue to SW 60th Street. Cost: $138,245..00 Funding Source: South Florida Water Management District Account No. 106 -1712- 536 -6437 Backup Documentation: ■ Proposed Resolution ■ Bid Opening Report Tabulated Bids ■ Certified Advertised Notice of Bid Invitation Engineer of Record's' letter of recommendation Copy of Section 0500 (Contract) of the Project Manual ■ Map of Project Area 1 RESOLUTION NO.' 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 EXECUTE AGREEMENT WITH TJ PAVEMENT CORP. FOR SNAPPER 6 CREEK ROADWAY & DRAINAGE IMPROVEMENTS - PHASE 111 -A 7 CONSTRUCTION IN AN AMOUNT OF $138,245.00 TO BE CHARGED TO 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT 9 NUMBER 106 - 1712- 536 -6437; PROVIDING FOR AN EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to provide drainage improvements 12 along SW 85th Street from SW 58th Avenue to SW 61 oth Street; and 13 14 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a 15 construction contract with TJ 'Pavement Corp. for the Snapper Creek Roadway & 'Drainage 16 Improvements — Phase ill -A project for an amount of $138,245.00. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA THAT 20 21 Section 1. The Mayor and ,City Commission authorize the City Manager to execute a 22 construction contract with TJ Pavement Corp. for the Snapper Creek Roadway & Drainage 23 Improvements — Phase III -A project for an amount of $138,245.00. 24 25' Section 2. The project's construction cost shall be charged to account number 106= 26 1712- 536 -6437 with an account balance of $200,000.00. 27 28 Section 3. The attached agreement is made a part of the resolution. 29 30 31 PASSED AND ADOPTED this day of May, 2006. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 39 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 40 Mayor Feliu:` 41 Vice Mayor Wiscombe: 42 Commissioner Palmer: 43 CITY ATTORNEY Commissioner Birts: 44 Commissioner Beckman: 45 Snapper Creek Roadway & Drainage Improvements — Phase III-A BACKGROUND & RECOMMENDATION BACKGROUND: The proposed drainage improvements project is .part our grant funded project to provide ongoing drainage upgrade citywide. The construction project will consist of approximately 15 new drainage structures (catch basins), over 400 linear feet of exfiltration trench, regarding of existing swale and asphalt resurfacing of the roadway. The improvements will be performed along SW 85th Street from SW 58th Avenue to SW 601h Street. The project was advertised in the Miami Daily Business - Review on Tuesday, January 31, 2006. Five contractors submitted sealed bids on or before Wednesday, March 1, 2006 (the last day to receive bids). The bids were publicly opened on Wednesday, March 1, 2006 at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all ,`bids, verified references, verified bid bonds and discussed the project with the lowest responsible bidder (TJ Pavement Corp.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (Milian, Swain & Associates, Inc.) has submitted the attached letter of recommendation for TJ Pavement Corp, RECOMMENDATION: It is recommended that the City Commission approve the resolution. �d ;y �. BID OPENING REPORT �° ytrf; r'UE2ATc L ' - ,} 1927 ik ? ;t0 Bids were opened on: March 1,'2006 - at: 3:05pm For: Snapper Creek Roadway & Drainage Improvements Phase IIIA Pre -Bid Estimate: CONTRACTORS: BID AMOUNTS: Williams Paving Company ( . bo THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETEL REVIEWED. O e 4/jw 1 // City Clerk's Sign: Witness: '�� Witness: i 0 Leon's Engineering Corp. ( -0 58.3. -T5 T.J. Pavement Corp. g 2-45 a o Caribe Utilities of Florida % R Development & Communications Group ��j?j�q �;�j • 00 Atlantic Civil, Inc. The Redland Company, Inc. N g Horizon Contractors Al j f3 M. Vila & Associates, Inc. N' B . THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETEL REVIEWED. O e 4/jw 1 // City Clerk's Sign: Witness: '�� Witness: i C F, U: INCORPORATEq � t9Z7 A Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing + y •��P�%%arW is a potential contractor for the ,�ppjSe JW Q Se pRdjAJA *e )PR4 TjG?-- It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly, appreciate your prompt response to the following inquiry as it applies' to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1 poor 2— average 3 — above average 4- very good 5- excellent Reference given by: Reference check conducted by: ✓ Name & Titl 1114all Name; t&LMO ACH044S Address: �Q �J' Gi� 3 4ve City/St/Zip 33 �amif• 33 Telephone • Date If you have any question about this form, please call (305)663- 6350. 1 2 3< 4 5 Criteria A. Ability to complete project 'on time B. Ability to stay within the budget C. Quality of work D. Financial standing (if 'applicable) E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: Reference check conducted by: ✓ Name & Titl 1114all Name; t&LMO ACH044S Address: �Q �J' Gi� 3 4ve City/St/Zip 33 �amif• 33 Telephone • Date If you have any question about this form, please call (305)663- 6350. • INLOR PURATEO 1927 P �� O 1119 Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing / . <l • i lPjePC% AT7'V d is a potential contractor for the S.c1dPP�LL '09AD 10 VFAJ Art- MTE'GT It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and /or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies' to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1- poor 2 - average 3 — above average 4- very good 5- excellent 1 2 3 4 5 Criteria A. Abd ity to complete project on time B. Ability to stay within the budget C. Quality of work D. Financial standing if applicable) E. Ex 'erience in their line of work Ad: �ditional Comments (May indicate last project /transaction with contractor): Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing o r + , 1 RMA T70t4 is a potential contractor for the .4- AIA 9Q p J 122AIIJA4t M 7EC7- It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has - included you and /or your company as a reference. We would greatly appreciate your prompt' response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows:' 1 -poor 2 average 3 - above average 4- very good 5- excellent Pl 4f- a — -;-.- - Name Reference check conducted by: l 4— / o_ //% M r//t/flZ<VAMWI Address: A& All 10' S 7- 20 9�� `.20J 3 2 0140 City /St/Zip z9 Aptni Al. 3314 Telephone Q .6- .--'�AG- Date If you have any question about this form, please call (305)663 - 6350. -M54 1 2 3 4 5 Criteria A. Ability to complete project 'on time B. Abil ity to stay within the budget C. Quality of work D. Finalncial.standin if applicable) E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor); Pl 4f- a — -;-.- - Name Reference check conducted by: l 4— / o_ //% M r//t/flZ<VAMWI Address: A& All 10' S 7- 20 9�� `.20J 3 2 0140 City /St/Zip z9 Aptni Al. 3314 Telephone Q .6- .--'�AG- Date If you have any question about this form, please call (305)663 - 6350. -M54 SENT SY: CITY OF SOUTH MIAMI; 3056636348; FEB -2 -06 7 :23PM; PAGE 1/1 ro MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays p S Miami. Mleml -Dade Cnunly, Frnrida r \ STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERI3EYRE, who on oath says that he or she is the f" SUPERVISOR, Legal Notices of the Miami Dally Business Review fi Miami Review; a daily (sxcept Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, r. + u w' •; ,,, ` being a Legal' Advertieerrtant of Notice in the matter of ROW-lbf5�t tt7f CITY OF SOUTH MIAMI • BID INVITATION °RNs}" CITY DID NO. CI06 0301 in the XXXX Court, �, e was published in said newspaper In the issues of fbpsku5 W'+ C�{ 01/31/2006 alsl .... t U q rrr ttS + \ r A try' Affiant further says that the said Miami Daily Business ) iw Review is a newspaper published at Miami in said Miami - Dad ©r f �� County, Florida and that the said newspaper has heretofore been continuously published in said Mialni -Dade Countyo��' "iP?%1 Yd y i3 owaa Md�iw ati i ' rt�v , rul }Ai Florida, each day (except Saturday, Sunday and Legal Holidays) tiptt k,k,rgw „�vk ti fix;i'tst ' �ry�� + I . and has been entered as second class mail matter at the post office in Miami in said Miami-dade County Florida, fora a .y ' 1 W WI: �,�y�, period of one year next preceding the first publication of the M p4 �r 3��r yY I ry M attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation of any discount, rebate, commission or refund for the purpose of securing advertls publication In the safd`` news I Hide, rVhich oontain _ utarltlas of an kind 'may be rejected as Swom to and subscribed oefore me this ' r \ 31 NUA ►i�.��pMirt�fFO�b>� � kxf' (SEAL) ml I Mere O.V. FERBEYRE personally kno> �h' Cornrrns�an DD29$tFeSg w Marsh 04.2008 Milian, Swain & Associates, Inc. MS, A Civil & Environmental Engineers 2025 S. W. 32nd Avenue, Miami, Florida 33145 tel. (305) 441 -0123 fax (305)441 -0688 File: C24 -02 Phase 3 Bidding March 8,`2006 City of South Miami PUBLIC WORKS DEPARTMENT 4795 SW 75th Avenue, Miami, Florida 33155 Attention: Mr. Ajibola Balogun, REM Director Reference: Snapper Creek Roadway & Drainage Improvements City of South Miami, Miami -Dade County, Florida City Project Number: C106 -0301 Dear Ajibo`la: Milian, Swain & Associates, Inc. ;(MSA) has evaluated the construction bids submitted for the referenced project pursuant to the required submittals set forth in the instructions to Bidders and throughout other sections of the Project Manual. Bid Tabulation: MSA tabulated bids extracted from the completed Bid Forms received from each of the participating Contractors (See Attachment A). Initial Ranking (Top three bidders, starting with LOWEST bid); 1. T.J., Pavement, Corp. 2. Leon's Engineering, Inc. 3. Development & Communications Group. Bid Irregularities: The tabulated totals match the totals submitted by each of the bidders. However, the Bid Proposal received from Development & Communications Group was tabulated based on the origin, lal BID FORM and DOES NOT reflect the BID FORM revisions perAddendum #1, dated FEBRUARY 23, 2006 and forwarded via fax on February '23, 2006 to all the participating bidders. Acknowledgement Receipt of Addendum #1 was never received from Development &Communications Group. (See Attachment B). In our opinion, the above irregularity does not impact the initial ranking above. Review of Submittals: MSA conducted a detailed review of the required submittals received from the bidders. Based on this review the initial top ranked bidder (TJ Pavement, Inc.) provided all required documentation with their submittal. (See Attachment C).` Revised Ranking (Top three bidders, starting with LOWEST bid) after detailed review of submittals: 1. T.J. Pavement, Corp. 2. Leon's Engineering, Inc. 3. Development &' Communications Group. MSA conducted ,a personal interview and verified the references submitted by the lowest bidder (T.J. Pavement Inc.) on March 8, 2006. See attached copy of the reference verification results. FINAL Ranking (Top three bidders, starting with LOWEST responsive bid): 1. T.J. Pavement, Corp. 2. Leon's Engineering, Inc. 3. Development & Communications Group. Based on MSA's' evaluation of the bids submitted, we recommend T.J. Pavement, Corp. as the lowest responsible bidder for the construction of this project. Final award shall be determined by the City of South Miami Public Works Department based on the above ; recommendation and any other factors deemed relevant by the department. If you have any questions or require additional information, please contact me at your earliest convenience: Sincerely, MI A 4C OCIATES, INC, Julio M. na e Manager Ci & Municipal Engineering copy: Arsenio Milian, P.E. File S:\(PROn \C24 -02 SNAPPER CREEK\BIDDING\BIDDING LETTER 3 08 06.DOC 2 ATrAck MERT A „ c R 0 M f0 O N. CO N �� W M C` O O W f 0 ° O W n Z J ~ M M 64 O r EA i a~D C N C' M Cn bl> 4 n � .- a U z f y W O CO LO N CD V CD . ^ 64 N 06 64 - N Cfl Cl) ,n CIO - O (A 69 O00 O r 0% ro cc C .m a t O Z_ _ ~ O Cl) N M Cl) cli h CA _ 6N9 t C ' V "' CO N 69 - O U-) N COp :. M n Q a a > W LU W W J Q U) N J .L o o � o O Cl) CO N 0 o Cl) N.. 0 O 0 o 69 o 0 O W 00 O 0 W N O 0 t � 0 0 � � O F a n' F' OQ! J 199 00 m o o °, .N 0 O Oo 00 0 O ' °o � o, O °o "; o O °o 00 _ o O °o, 00 o O °O OD 64 o o0 _ ' o Z a' m � Wa C 0 0 ui Cl) :: 0i 64 O 0 0 � O 0 ui CD b3 o 0 � 613. o o o C17 tH o o o O 0 0 O CO Efl o o o 0' O O 69 OQ : O O I: o O tO �. 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Q ' its Z N FO ZH Waa 0 w z '� O Z 0 Z } > ui 0 Z � 2 w W p0 U 0 Z D Z 0 V } Y > `° z } } >. y } C9 Z LU t- z w LU w N LLJ LU } a0 y y y y y y y a r-' D Z Z O y o M Z Q G O 0o a Lm t) w IL ui p 0 0 � .. � u U. ..� N Q co to N W Q U M: O C Q Z Z : p Z w O 0 w w LL F Z O F U LL O 0 (� Z Q 1- U Q Z z w W IX 0 W w LU w P LL 0 N a N pQ Lij U LL rn LLI Q Q CO j LU a O w U w O cJ 0 OU F ? a V w a Q a uzi tea, LL wo =O m O O O w 0 O w 0 6i LL U U U a Q Q Q LL OLL O O O v O O U -� W U > W Q m to U. Q W a Y ) 0 U a N M v 0 a w m e a 0 SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of , 20 A.D. by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and party' of the second part (hereinafter sometimes called the "Contractor"). d. WHEREAS: Miami -Dade County through its office of Community Development has entered into a contract with the Owner, and WHEREAS: the Owner desires to engage the Contractor to perform services as stated herein: ti WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: s 1.01 SCOPE OF WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: y Snapper Creek Roadway and Drainage Improvernents -Phase III A No. C106-0301 ' as prepared by Milian, Swain and Associates, Inc. acting as, and in the Contract Documents, entitles the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents. i B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the sum of Dollars ($ ). i 1.03 COMMENCEMENT AND COMPLETION OF WORK i A. The Contractor shall commence work on the date established in the Notice to Proceed. i B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than One Hundred Twenty (220) calendar days after the commencement date established in the Notice to Proceed. i! i 00500 -1 i ,i f f ,t r- i 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS i I A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of -this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to ' be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the Owner may L require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said J work and/or services which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under j the guarantee provisions. Failure on the part of the Contractor and/or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his insurer, who shall in any event be jointly and severally liable to the Owner for all q damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and s j with the Drawings and Specifications'. f 1.05 LIQUIDATED DAMAGES f A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail' to complete the work within the specified time, or any authorized extension thereof, I there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Thousand Five Hundred Dollars ($1500.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further II agreed that said sum is not penalty, but is the stipulated amount of damage sustained by the Owner in the event of such default by the Contractor. 00500 -2 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 60 days after receipt of the Contractor's req uest for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount ` of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work `covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such'bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not 'limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. 1.09 MEDIATION Any claim or dispute out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by 00500 -3 either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami- Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the Circuit Court, for the 1 I s' Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement: 1.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and laborers. 1.12 INCORPORATE BY REFERENCE` ' DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Snapper Creek Traffic Calming and Drainage Improvements, City of South Miami, City's Bid No.: CI06 -0301 and all attachments in the Manual and the Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. 1.13 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Subcontractors (Page 00300 -3 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors and omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's, approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. I 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall until three (3) years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers,` documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. I' 00500 -4 B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 14.A., above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The right to access and examination of records un subparagraph 14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, 'including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have the rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by the Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.15 SEUERABILITY Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY I A. Contractor warrants that neither it, nor any principal, employee, agent representative or familiar member has promised to pay, and Contractor has not and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor.' B. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. j i 1.18 WARRANTY AND AUTHORITY The signatories of this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained` in this contract. i 1.19 INDEPENDENT CONTRACTOR The Contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer- employee relationships. 00500 -5 j Contractor Party of the Second Part WITNESS: (If corporation, attach Seal and attest by Secretary) By Title APPROVED AS TO FORM AND LEGALITY: City Attorney ; City of South Miami *} In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. i i 00500 -6 I o CD CD CD', w o CL �r 0 �7' o CD CD IV O C) CD o C) CD b-i So U r�! South Miami Or ELECO au " INCORPORA7E� CITY OF SOUTH MIAMI � fit o R,o �. OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S McKinley, Acting City Manager VP Date: May 2, 2006 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL SERVICE AGREEMENT; AUTHORIZING THE CITY MANAGER TO PAY THE FIRM. OF BLITSTEIN AND ASSOCIATES $20,000.00 FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL PARKING GARAGE CHARGING PAYMENT TO ACCOUNT' NUMBER 001.0000.132.2040 PROVIDING FOR AN EFFECTIVE DATE. Request: In the Settlement Agreement between the City of South Miami and Mark Richman Properties the City agreed to pay ;a total of $200,000.00 to complete the design of the garage. At the December 6, 2005 City Commission meeting the Commission adopted resolution number 159 -05- 12138 which authorized the City Manager to execute a professional services agreement with Blitstein Design Associates and pay $150,000.00 for the completion of the garage design. This additional payment of $20,000.00 will satisfy the City's obligation under the Settlement agreement. Recommendation: It is recommended that the City Manager be authorized to pay $20,000.00 to Blitstein Design associates for the completion of the garage design. Cost: $20,000.00. Funding Source: 73rd Street Parking Garage account number 001.0000.132.2040 with a current balance of $20,000.00. Backup Documentation Proposed Resolution ■ Settlement Agreement Resolution Number 159 -05- 12138 1-11 I 1-_ 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY 5 - COMMISSION OF THE CITY OF SOUTH MIAMI, 6 FLORIDA, RELATING TO ` PROFESSIONAL SERVICE 7 AGREEMENT; AUTHORIZING THE CITY MANAGER TO 8 PAY THE FIRM OF BLITSTEIN DESIGN ASSOCIATES 9 $20,000.000 FOR THE COMPLETION OF THE DESIGN AND 10 CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL 11 PARKING GARAGE CHARGING PAYMENT TO ACCOUNT 12 NUMBER 001.0000.132.2040; PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the Mayor and City Commission of the City of South Miami 16 at its meeting on December 6t", 2005 adopted resolution number 159 -05 -12138 17 which authorized the City Manager to execute a professional services agreement 18 with Blitstein Design Associates ( "Blitstein ") and pay $150,000.00 for the 19 completion of the design of the municipal parking garage; and 20 21 WHEREAS, pursuant to paragraph 4 of the Settlement Agreement between 22 the City of South Miami and Mark Richman Properties, the City agreed to pay a 23 total of $200,000.00 to complete the design; 24 25 WHEREAS, the payment of $20,000.00 to be specifically utilized to 26 complete the design of the municipal parking garage satisfies the City's obligation 27 under the Settlement Agreement. 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND 30 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 31 32 Section 1. The City Manager is authorized to pay $20,000.00 to Blitstein 33 Design Associates for the completion of the design and construction documents 34 for the municipal parking garage; utilizing funding available in the 73rd Street 35 Parking Garage Account number 001.0000.132.2040 that has a current balance of 36 $20,000.00. 37 38 Section 2. That this resolution shall take effect immediately upon 39 approval. 40 41 42 Additions shown by underlining and deletions shown by e �° o t - ikin$. 1 2 3 PASSED AND ADOPTED this day of May, 2006. . 4 5 ATTEST: APPROVED: 7 8 CITY CLERK MAYOR 9 10 11 COMMISSION VOTE: 12 READ AND APPROVED AS TO FORM: Mayor Feliu: 13 Vice.Mayor Wiscombe: 14 Commissioner Birts: 15 OFFICE OF CITY ATTORNEY, Commissioner Palmer: 16 NAGIN, GALLOP & FIGUEREDO, P.A. Commissioner Beckman: 17 18 19 C: \Documents and Settings \SRothsteinNy Documents \Reno- OrdTfitstein 20,000.doc Page 2 of 2 SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF SOUTH MIAMI, A FLORIDA MUNICIPALITY, AND MARK RICHMAN PROPERTIES, INC. WHEREAS, Mark Richman Properties, Inc. ( "MRP ") and the city of South Miami (the "city ") entered into a lease agreement to co- develop a project consisting of public parking and retail space, and WHEREAS, on or about December 17, 2002 the city's commission decided not to proceed with the development of the project; and WHEREAS, on March 21, 2003, Mark Richman Properties, Inc. filed "a complaint against the city styled: Mark Richman Properties, Inc. v. City of South Miami, Case No. 03- 07058 -CA -24 (Fla. l I" Cir. Ct. 2003); and WHEREAS, the parties desire to enter into this comprehensive settlement agreement to dispose of the litigation and to provide for the development of the mixed used structure; and NOW, THEREFORE, in consideration of the sum of Ten and No /100 Dollars ($10.00), paid by the city of South Miami to Mark Richman Properties, Inc., and the exchange of other valuable consideration, the receipt and legal sufficiency of which is acknowledged by the parties, the parties agree as follows ("Agreement"): Page 1 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. 1. The MRP lease agreement dated March 5, 2002 will be cancelled and each party will release the other from any and all obligations there under and all claims of any kind and causes of action related in any manner to said agreement and /or related in any manner to the lawsuit bearing Case Number 03- 07058- CA -24, and said lawsuit will be dismissed with prejudice by MRP immediately upon the execution of the Lease Agreement and the issuance of the building permit for the Parking Structure, with each party bearing its own fees and costs. MRP agrees that it will not perform any site work that interferes with the operation of the existing city parking lot prior to dismissing the lawsuit referenced in this paragraph. The city and MRP shall join in a formal stay of Case Number 03- 07058 -CA -24 pending the execution of the Lease Agreement and the issuing of the building permit or the termination of this Agreement. { 2. The Promissory Note dated June 12, 2002 and executed by MRP in favor of the city of South Miami shall remain in full force and effect as well as all mortgages and security interests relating thereto. The parties stipulate and agree that the current principal sum due from MRP to the city under said note is $2, 419,359.90 and the next payment due under said note is $103,080.00 and is due on April 1, 2005 (the "Promissory Note"). Any default under the Promissory Note by Page 2 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. F1111 7, MRP shall be a default under this Agreement. Termination of this Agreement shall not relieve MRP of its obligations under the Promissory Note. 3 MRP and the city shall enter into ,a new lease agreement for the CSM retail space, and parking garage, the lease agreement is attached hereto as exhibit "A ". The city shall own the air rights over MRP's property. 4. MRP and the city Manager will work cooperatively to complete the design for the parking garage structure. The parties agree to retain Arquitectonica to complete the project design work. The city agrees to contribute up to $200,000 to complete the design and construction plans and MRP shall be responsible for any additional costs associated with the design or with the construction plans. MRP shall be solely responsible for all costs associated with the design and the construction of the tenant improvements'. For purposes of this Agreement "tenant improvements" shall include any and all design, and construction work within or related to the retail space except for the following,: (i) all exterior walls, exterior windows and exterior doors; (ii} exterior lighting, security, emergency and fire installations; (iii) sprinkler systems; (iv) exterior mounted HVAC pads and equipment (v) plumbing rough outs to individual bays; (vi) electrical boxes to bays; all 'concrete work and pre- fabricated concrete components; and the parking area floor /retail roof. MRP shall not be obligated to include any design elements that Page '3 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. cause MRP's share of the project costs to exceed $7.5 million ( "MRP cap "). In addition, MRP shall continue to be responsible for the debt service on the $2.5 million Promissory Note referenced in paragraph 2 of this Agreement. In the event the city, in its sole discretion decides to require additional design elements that are estimated to cause the project costs to exceed the MRP cap, the city shall assume financial responsibility for the additional debt service on project costs estimated to be in excess of the MRP cap in order for the additional design elements to be incorporated in the final design. 5. The project design shall incorporate the following features a. The facility will consist of a 5 -level mixed -use retail and parking garage facility consisting of approximately 24,500 square feet of retail space, and approximately 380 parking spaces. Approximately 15,900 ( + / -) square feet will be city retail space. b. The ground level floor shall be comprised- of retail space and approximately 17 parking spaces dedicated to short -term parking. C. The fifth level is estimated at 80 spaces and shall be dedicated parking for the retail tenants. 6. If the project as described in paragraph 5 of this Agreement cannot be designed and constructed within the MRP cap, and MRP does not agree to be Page 4 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inca IF NTF, responsible for additional costs, then the city and MRP shall be relieved of all obligations under this Agreement. The parties understand that circumstances may make the development or construction of the project and meeting the requirements of paragraph 3 of this Agreement unfeasible. These circumstances include, but are not limited to, failure to obtain required approvals from the city of South Miami such as required special exceptions and /or 'failure to jointly resolve easement disputes and /or inability to obtain an acceptable design meeting the height and parking space and retail space specifications of paragraph 3. In the event the project cannot be designed and constructed in substantial and material conformity to the MRP cap and the design criteria set forth in paragraph 3 and MRP has decided not to be responsible for the additional costs the city or MRP, may terminate this Agreement. If the City shall fail or refuse to grant the required approvals for the Project, including but not limited ;to, required special exceptions, this Agreement shall immediately terminate and the City and MRP shall be relieved of all obligations under this Agreement, 7. MRP shall be responsible for the construction of the project and shall be solely responsible for delay in completion of the project. The parties understand and agree that construction will commence upon the issuance of building permits and proceed through the certificate of occupancy. MRP will use Page 5 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. its best efforts to minimize construction related impacts on the surrounding community during the holiday season from November 1 st through January 2nd. MRP is required to complete construction and obtain a temporary or permanent certificate(s) of occupancy for the entire project no `later than eighteen 18 months from the date of issuance of the building permit. In the 'event MRP fails to meet this deadline, MRP shall be obligated to pay the city $26,916.00 per month until the certificate(s) of occupancy are issued. Further, in the event the required certificate(s) of occupancy are not obtained within twenty -four (24) months of the issuance of the building permit, the city may in its sole discretion take over responsibility for completion of the project. MRP shall be responsible for all additional costs necessary to complete construction and obtain the certificate(s) of occupancy. The timeframes for performance contained in this paragraph shall be tolled in the event of Unavoidable Delay as defined in the Lease Agreement including, but not limited to, an Act of God, Force Majeure, acts of terrorism or the filing of a legal proceeding to resole any easement dispute related to the project. The cost of defending or filing any proceeding to resolve the easement dispute related to the dedicated alleyway shall be borne by the city. 8. MRP shall select the contractor that it determines has the requisite experience and capability necessary to construct the project. MRP understands Page 6 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc: that the construction contractor and the construction documents shall be subject to the reasonable approval of the city Manager. 9. MRP will be responsible for building the project according to the plans and specifications prepared by Arquitectonica and approved by the city. MRP agrees that the construction funding for the project shall be based on a standard construction draw 'schedule approved by the city. At such time as construction commences, MRP shall be responsible for completing construction of the project, regardless of the cost. MRP shall be responsible for all cost overruns, change orders` (except for change orders requested by the city), costs of delays and acts of nature, expenses which. cause the MRP cap to be exceeded ( "Over Cap Funds ") and shall not be reimbursed by the city for such Over Cap Funds. Failure by MRP to assume' financial responsibility for the Over Cap Funds as provided in j this Paragraph 9 shall constitute an event of Default and the city may in its sole discretion terminate all agreements and take legal action to foreclose on the MRP 1 property. The city is entitled, in its reasonable discretion, to demand and be provided with proof of MRP 's ability to secure additional funding from .a lending r source if prior to the commencement of construction the parties determine that i Over Cap Funds are needed to pay for these costs. r 3� 1 Page 7 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. i 'I i i 10. MRP shall furnish the city with a commercially acceptable payment and performance bond. MRP shall require that all sub- contractors with contracts in excess of $100,000 be bonded. 11. MRP shall obtain construction project insurance and all other forms of insurance of the types and in the amounts typically required for projects of this nature by governmental entities and shall name the city as an additional insured. 12. The city shall have the right but not the obligation to oversee the construction of the project to ensure that it is being constructed in accordance with The Florida Building Code as applicable in Miami -Dade County as well as retaining all rights the city has regarding construction within city boundaries. 13. The parties agree that the city's share of the project costs will be capped at $1 million. The parties 'acknowledge that the city has already spent $337,116.37 on project related costs. At such time as the city expends an additional $662,883:63 the city will have expended $1 million dollars and the parties will stipulate and agree that the city has already expended this sum and satisfied its obligation under this paragraph. MRP will be responsible for all additional costs of building the facility and the debt service on all city funds (including the existing Florida Municipal Loan Council Revenue Bond issue funds Page 8 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. used in this project other than the $1 million referred to in this section) used in the development, design and construction of this project; up to the MRP cap. 14. The lease agreement for the parking structure shall have. a term of 50 years. 15. MRP shall pay the city a minimum guaranteed retatf rent payment pl ��!ti XW u C i uy equal to ` $76,000 per annum, payable on a monthly basis equal to $6,333 in � addition to the payment of all debt service on the League of Cities Bond Issue (other than the $1 Million referred to above). The rental payments of $6,333 shall commence upon the issuance of a temporary certificate of occupancy. Payment of the debt service shall commence as to the amount drawn on the League of Cities Bond Issue and any other debt on the date the funds are drawn and shall be payable in accordance with the principal and interest payment schedule established by the Florida Municipal Loan Council for the city of 'South Miami pursuant to the issuance of Florida Municipal Loan 'Council Revenue Bonds, series` 2002A. Interest shall be paid at the same rate as the city's rate of interest on the bonds together with a pro -rata share of all the 'total amount of the borrowing so as to include amortized expenses of the bond, and all costs associated with the Bond, according to the bond closing documents provisions. This provision shall be construed so that MRP is not subsidized by the city and pays its full share of Page 9 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. - „ borrowing expenses such that, for example, if the funds used by MRP for the project represent 30% of the funds borrowed in the Bond Issue then a full 30% o of all interest and all expenses associated with the Bond Issue shall be paid by MRP. In the event MRP fails to make any such payments when due the city shall be entitled to seek an award of damages in the full, accelerated amount of the anticipated payments reduced to present value and termination of the Lease to MRP according to the terms of the Lease, including but not limited to all periods for cure of default. The city shall be provided with a second Mortgage on the MRP property (in the form attached hereto as Exhibit `B" to secure all obligations contained in this Agreement at the time of the first request for a draw of Bond Issue funds by MRP for payment of and costs associated with the Project. MRP represents and warrants that it holds good title, free and clear of any encumbrances to the property other than the first mortgage payable to the city, 16 MRP agrees and acknowledges that the parking garage, except for the fifth floor, shall be exclusively used for public parking, and that none of the spaces shall be specifically or exclusively allocated for the retail space. 17. Under the lease agreement MRP agrees to remit to the city 12.5% o of all gross parking revenues in excess of $150,000 annually. Page 10 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. ,`T'3`F-7 .'1 18. Under the lease agreement the city shall retain the rights to set the parking meter ` rates and - to decide the hours of operation for the public parking garage. 19. The city also reserves the right to police and administer tickets in the parking garage. All of the ticket revenue shall belong to the city. 20 For purposes of maximizing the gross parking revenues generated by the parking garage, the city shall authorize MRP to charge a flat parking rate ej� ®•�, 0"aw.0115, as 0 21. The city agrees that to complete the construction of the facility, the city shall, authorize additional financing up to $2.5 million over the $8.5 million project financing previously approved to the extent such funds are available from the Florida Municipal Loan Council and MRP shall be responsible for debt service on the additional funds in the same manner as set forth above in regard to the Florida Municipal Loan 'Council Bond Issue. To the extent the city uses funds which are not borrowed from the Florida Municipal Loan Council, MRP shall pay interest on the additional funds at the actual' rate paid by the city in the same manner as set forth above in regard to the Florida Municipal Loan Council Bond Issue. If the city has been unable to secure the additional funding referred to above when the building permit application is ready for submission to the Page 11 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. appropriated City and County departments the application submission shall be delayed and MRP shall have the right to terminate this Agreement. 22. The city agrees to waive its share of real estate taxes on the new retail space for the term of the lease. 23. MRP will continue to be responsible for ad valorem taxes on the retail space located on the MRP property, In the event that the public parking garage is subject to ad valorem taxes, the ad valorem taxes will be the responsibility of MRP. The city, however, agrees to waive its share of any ad valorem taxes on the L ease public parking garage during the term of the hfanagemet* Agreement. MRP shall be financially responsible for the remaining, ad valorem taxes. 24. By entering into this agreement, the city does not in any way admit liability or waive any defenses it has or had, to the claims, or admit any of the allegations of the complaint. 25. By entering into this agreement, the city is not precluded from exercising its police powers and the parties specifically acknowledge that the -city and its agencies and departments and commissions and employees and agents: and the City Council are not obligated by this agreement to take or refrain from taking any actions or positions relating to this project and that the sole remedies in the Page 12 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. event of an adverse action shall be those remedies available to all citizens and property owners seeking similar relief or benefits from the city. 26. In any action or proceeding to enforce the terms of this Settlement Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees (at a rate not to exceed $300 per hour), paralegal expenses and costs (collectively referred to as expenses), including expenses of investigation, pre -trial discovery, trial to a court, jury or arbitrator, post-'trial and appellate proceedings, and collection. [Signature Page to Follow] Page 13 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. Dated this day of ,2005. At d to: CITY Fr ` B By: aria M. Menendez Maria V. Dav city Clerk city Manager Approved as to Form and Legal Sufficiency: Lu' Figueredo city Attorney Attested to: MARK' ICHMAN PROPERTIES, INC. By: / - BY: i ert name of w�he/ ].� [i e t na . . g park'] Its: Its: [insert title (corporate secre ry• [insert title of signing party] vice-president; treasurer)} ' CORPORATE SEAL i 'i Page 14 of 14 Settlement Agreement by and between the City of South Miami And Mark Richman Properties, Inc. RESOLUTION NO. 13 - 0 5 -1 1 992 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION; APPROVING A SETTLEMENT" AGREEMENT' BETWEEN THE 'CITY AND MARK RICHMAN PROPERTIES, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, Mark Richman Properties, Inc. (MRP) filed a complaint against the city, styled Mark Richman Properties, Inc. i>. City of South Miami, Case no. 03- 07058 - CA -24 (Fla. 11th Cir. Ct. 2003), alleging the breach of a contract to jointly develop a mixed use parking garage and retail building; and WHEREAS; the city denies the material allegations of the complaint but, nevertheless, desires to avoid protracted and expensive litigation; and, WHEREAS, the parties desire to settle the claims on the basis of allowing MRP to develop the mixed use facility in a manner' consistent with the terms and conditions set forth in the Settlement Agreement. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,` FLORIDA; Section 1. The settlement agreement dated February .1, 2005, which is annexed and made ,a part of this resolution as App.l is approved. The city manager is authorized to execute the settlement agreement on behalf of the city. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 'day of February, 2005. ATTEST: APPROV CITY CLERK M t COMMISSION V 4 -0 READ ED AS TO FORM: Mayor Russell: Yea Vice Mayor Palmer: Yea -.. Commissioner Birts- Cooper: Yea CI TTORNEY Commissioner Sherar: absent Commissioner Wiscombe: Yea Additions shown by underlining and deletions shown by,eve king. ADDENDUM NUMBER ONE This is Addendum Number One to the Proposal/Invoice for Architectural & Engineering Services by and between Blitstein Design Associates ( "Architect ") and The City of South Miami ( "City ") for a portion of the design and engineering services ( "Work ") on the project known as South Miami Municipal Garage ( "Project ") dated February 24, 2006 ( "Agreement ") and is included therein as if originally a part thereof. Under the Settlement Agreement entered into by and between the City and Mark Richman Properties, Inca ( "MRP ") dealing with the Project, the City agreed to pay TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,00.00) toward the cost of design of the Project with MRP responsible for the remaining cost of the design. At the City Commission meeting held on December 6th 2005 the Commission approved a resolution to enter into the Agreement for ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00). At the time of the resolution the City mistakenly believed that FIFTY THOUSAND DOLLARS AND ZERO CENTS ($50,000.00) of the TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) had already been paid to the original architectural firm. Subsequently, the City learned that only THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) had been paid to the previous architectural firm and there was an additional TWENTY THOUSAND DOLLARS AND ZERO CENTS ;($20,000.00)'to`be paid to Architect. Therefore, the City and the Architect have entered into this Addendum to increases the fee for the Work under the Agreement from ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO: CENTS ($150,000.00) TO ONE HUNDRED AND SEVENTY THOUSAND DOLLAR AND ZERO CENTS. IN WITNESS WHEREOF, and intending to be legally bound the parties hereto have duly executed this Addendum effective as of May _ 2006. CITY OF SOUTH MIAMI BY: BY: Peter Blitstein, Architect '- �",+.r.�-,-��.v�' .,, ,-`.s•s.` ,at`�- ':-- ?a.�„_'r ,..,�. � .,:.. -. ."."- � ".,,:,..�;_ '^,��°�*+:,r,�.�v „�� = .- �:.” ?""�'.�`� ei°��r ,r.�r;�s°<F+� �.,=. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PROFESSIONAL SERVICES AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLITSTEIN DESIGN ASSOCIATES FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL PARTING GARAGE; CHARGING PAYMENT IN AN AMOUNT NOT TO EXCEED $150,000 TO ACCOUNT NUMBER 001.0000.132.2040; PROVIDING FOR AN EFFECTIVE DATE.` WHEREAS, the Mayor and City Commission of the City of South Miami at its meeting on June 19 2002 adopted resolution number 92 -02 -11441 which authorized the City Manager to execute a professional services agreement with Arquitectonica International Corp, { "Arquitectonica ") for the design of the municipal parking garage; and WHEREAS, Mark Richman Properties, Inc. "MRP" and the City have worked cooperatively with Arquitectonica to complete the project design work; and WHEREAS, due to certain differences of opinion, Arquitectonica, MRP and the City agree that it would be in the project's best interest for the project design work to be completed by another architectural firm; and WHEREAS, the City and MRP agree to have the design and construction documents completed by Blitstein Design Associates; and WHEREAS, the City and MRP have a significant financial repayment obligation and each delay increases the overall cost and threatens the viability of the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. The City Commission finds that due to the financial burdens placed on the City that there is a pressing' necessity to 'retain an architect on an expedited basis in order to complete the municipal` parking garage project design work. Section 2. The !City Manager is authorized to execute a professional services agreement with Blitstein Design Associates for the completion of the design' and construction documents for the municipal parking garage; utilizing funding not to exceed $150,000.00 available in the 73rd Street Parking Garage Account number 001.0000.132.2040 that has a current balance of $150,000.00. Section This resolution shall take effect immediately upon approval. SIGNATURE PAGE TO FOLLOW . MM -MMI- Pg. 2 of Res. No. 159 -05- 12138, �L PASSED AND ADOPTED this day of "'� 2005. ATTEST: APPROVED:_ Gam. E CI V CLERK Y R READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4-0 Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Wiscombe: Yea CI TORNEY Commissioner Birts- Cooper: Yea Commissioner`Sherar: Yea CADocuments and SetfingslAricke\My Documents \Word Documentsl ResolutionSelectingii4mgeArchitectdoe w sour South Miami CITY OF SOUTH MIAMI C 1927 OFFICE OF THE CITY MANAGER INTER- OFFICE - MEMORANDUM 2001 To: Mayor Mary Scott Russell and Date: _ December 6, 2005 Members of the City Commission From: Maria V. Davis 1�f2 ` Agenda Item # City Manager Re: Selection of a Firm to Provide Architectural Services for the Municipal Parking Garage RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 'CITY OF SOUTH MIAMI, FLORIDA RELATING TO PROFESSIONAL SERVICES AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLITSTEIN DESIGN ASSOCIATES FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICICPAL PARKING GARAGE; CHARGING PAYMENT IN AN AMOUNT NOT TO EXCEED $102,290 TO ACCOUNT NUMBER 001.0000.132.2048; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: In June 2002, the City Commission selected Arquitectonica International Corporation as its architect for the design of the municipal parking garage. In December 2002, the City Commission decided not to proceed with the garage project' which resulted in the Mark Richman Properties, Inc. (MRP) lawsuit. Following the settlement of the MRP lawsuit, the City Administration was unsuccessful in its attempts to have Arquitectonica revise the design plans that they had already completed. However, Arquitectonica's completed work became the property of the City. In order to keep the garage project moving forward, it is important that an architectural firm be put in place to pick up where Arquitectonica left off. The City Administration and MRP have contacted Blitstein Design Associates who have agreed to complete the design work begun by Arquitectonica, who has agreed to turn over all existing design documents in their possession. ` MRP will be responsible for any costs associated with the completion of ` the design work that exceeds the City's remaining balance of $102,290.00 that was earmarked for Arquitectonica to complete this work. If the RFQ/RFP process had to be undertaken once more for the selection of another architectural firm to complete the project, the City would be facing additional delays resulting in increased costs. Therefore, it is in the City's best interest to select a firm without following the RFQ/RFP process. The City's attorney has indicated that the City is within' its rights to select an architect without being subject to the Competitive Negotiations Act so long as the City Commission finds that there is an urgency to select a firm. See attached e-mail response to the City Manager from Luis Figueredo. The attached resolution would allow the City Manager to execute a professional services agreement with Blitstein Design Associates to complete the design and construction documents for the municipal parking garage. Funding for this professional services agreement is available in the 73rd Street Parking Garage Account number 001.0000.132.2040 that currently has a balance of $102,290.00. RECOMMENDATION: We recommend that the attached resolution be approved authorizing the City Manager to execute a professional services agreement with Blitstein Design Associates. Page 2 of 2 SOUT South Miami WmefWaCitll " INCORPORA7EQ CITY OF SOUTH MIAMI fi 1927 �. OFFICE OF THE CITY MANAGER C ° aYp INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu.and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager. From: Don O'Donniley, Planning Director Date: May 2, 2006 Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCE AGREEMENT WITH SUNTRUST BAND, WHICH THE CITY OF SOUTH 'MIAMI SHALL EXECUTE AND THE CITY , OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) SHALL CO -SIGN ON THE COMMITMENT; PROVIDING A 15 YEAR LOAN FOR $1,465,000 WHICH FUNDING SHALL FINANCE THE PURCHASE OF FIVE PROPERTIES WITHIN THE SMCRA'S MADISON SQUARE ECONOMIC DEVELOPMENT 'PROJECT, PROVIDING FOR AN EFFECTIVE DATE Request: During the May 3, 2005 meeting, the SMCRA Board approved a resolution amending__ the SMCRA Redevelopment Plan to extend the life of the SMCRA for 15 years beyond a June 1, 2005 sunset provision. The resolution included a sunset review if no long term financing agreement supported by tax increment financing revenues is completed within two years of the 15 year extension. The SMCRA's`Amended Plan contemplated land acquisition of property and construction of a mixed use economic development project known as Madison Square (See Attached Exhibits). The SMCRA currently has five of the required parcels for development under 'contract to be purchased at a negotiated sale price of $1,465,000. The SMCRA Board at its April 10, 2006 meeting approved a resolution authorizing execution of a term loan agreement with SunTrust Bank to purchase the properties based on loan repayment using future tax increment financing revenues.' Execution of the term loan agreement will require the City Manager to execute the agreement on behalf of the City of South Miami as principal of the loan, and the SMCRA as the co- signer of the loan documents. Upon execution of the agreement, the City shall select option two of the Suntrust letter of terms involving no prepayment penalties. It should be noted the intent of the SMCRA is to receive approval from the County to replace this interim loan. Application for long' -term bond financing guaranteed solely by TIF revenues is being processed. Staff recommends approval of the attached draft ordinance, on second reading. Backup Documentation: Draft` Ordinance Suntrust Loan Agreement Madison Square Background Information Madison Square Land Acquisition Status YSM/DOD /SD /JM E: \CC \SMCRA Suntrust Loan Agreement Approval.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 5 CITY MANAGER TO EXECUTE A FINANCE AGREEMENT WITH 6 SUNTRUST BANK, WHICH THE CITY OF SOUTH MIAMI SHALL 7 EXECUTE AND THE CITY OF SOUTH MIAMI ` COMMUNITY 8 REDEVELOPMENT AGENCY ( SMCRA) SHALL CO =SIGN ON THE 9 COMMITMENT; PROVIDING A 15 YEAR LOAN FOR $19465,000 10 WHICH FUNDING SHALL` FINANCE THE PURCHASE OF FIVE 11 PROPERTIES WITHIN THE SMCRA'S MADISON SQUARE 12 ECONOMIC DEVELOPMENT PROJECT, PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the SMCRA is a legally separate agency from the City of South 16 Miami established by ordinance number 12 -97 -1633 on April 15, 1997; and, 17 18 WHEREAS, the Miami -Dade County Commission approved the SMCRA plan on 19 May 19, 1998 via county ordinance number 98 -79 and 98 -80 and, 20 21 WHEREAS, on May -3, 2005, the SMCRA board approved resolution number 22 466 -05 amending the plan and extending the life of the SMCRA for 15 years beyond the 23 June 1, 2005 sunset provision for the SMCRA's interlocal agreement with the county and 24 providing for a sunset review within two years of the extension, if no long term financing 25 agreement supported by tax increment financing revenues is completed within the two 26 year period; and, 27 28 WHEREAS, the 2005 SMCRA's amended plan extended the life of the SMCRA 29 and contemplates the construction of a mixed use economic development project known 30 as Madison Square; and, 31 32 WHEREAS, to develop the Madison Square mixed use project, the SMCRA 33 needs to purchase several essential parcels: 34 35 6415 SW 60th Avenue; 36 6442 SW 59th Place; 37 6443 SW 60th Avenue; 38 6429 SW 59th Place; 39 6443 SW 59th Place; and, 40 41 WHEREAS, during the April 10, 2006 meeting of the SMCRA, the Board 42 authorized the Executive Director to obtain property appraisals and to enter into Pagel of 3 I negotiations with property owners to purchase properties required for development of the 2 Madison Square Project; and, 3 4 WHEREAS, the SMCRA staff obtained property appraisals for the properties to 5 support the purchase of the property required for the development of Madison Square; 6 and, 7 8 WHEREAS, the purchase price for these parcels is $1,465,000; and, 9 10 WHEREAS, the SMCRA sought several bids for financing; and, 11 12 WHEREAS, in the effort to identify a funding mechanism for the purchase, staff 13 has obtained an acceptable term loan proposal from the SunTrust Bank; and, 14 15 WHEREAS,` SunTrust Bank's proposal is the most cost efficient and expedient 16 loan; and, 17 18 WHEREAS, execution of a term loan agreement would be based upon the 19 SMCRA reimbursing the loan through the use of future TIF revenues; and. 20 21 WHEREAS, obtaining county approval for long term financing and 15 year 22 existence shall require four months, and as the properties to be purchased may be lost at 23 foreclosure auction,` the SMCRA requires the assistance of the City of South Miami, by 24 having the city act as principal for the loan and have the SMCRA co -sign for the loan; 25 and, 26 27 WHEREAS, the SMCRA Board at ' its April 10, 2006 meeting approved a 28 resolution authorizing the Executive Director to execute a term loan agreement with , 29 SunTrust Bank to purchase five properties required for the development of the Madison 30 Square Project; and, 31 32 WHEREAS, execution of a term loan agreement will require the City Manager to 33 execute a term loan agreement on behalf of the City of South Miami as principal of the 34 loan, and the SMCRA as the co- signer of the loan documents. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 38 39 Section l: The above whereas clauses are ,incorporated by reference into this 40 ordinance. 41 42 Section 2: The City Manager is hereby authorized to execute a loan agreement 43 with Sun: unTrust Bank as the principal, and the City Manager, as executive director of the Page 2 of 3 1 SMCRA, shall co -sign the loan on behalf of the SMCRA. A copy of the loan agreement 2 in substantially final form is attached and incorporated by reference as exhibit l`. 3 4 Section 3: Based upon the uncertainty of the interest rate environment if sale of 5 the Note is delayed` and the immediate need to purchase the property, the City hereby 6 determines the necessity for a negotiated sale of the Note. Prior to the final award of the 7 Note to the Bank, the City will require that it be provided all applicable disclosure 8 information required by Section 218.385, Florida Statutes. The negotiated sale of the 9 Note to SunTrust Bank is hereby approved at a purchase price of par. 10 11 Section 4: This ordinance shall be effective immediately upon the adoption 12 hereof. 13 14 PASSED AND ADOPTED this day of May, 2006. 15 16 ATTEST: APPROVED: 17 18 19 20 21 CITY CLERK MAYOR 22 23 1st Reading COMMISSION VOTE: 24 2nd Reading Mayor Feliu: 25 Vice Mayor Wiscombe: 26 READ AND APPROVED AS TO FORM: ' Commissioner Birts: 27 Commissioner Palmer: 28 Commissioner Beckman: 29 30 31 32 CITY ATTORNEY 33 Page 3 of 3 EXHIBIT 1 LOAN AGREEMENT This LOAN AGREEMENT (this "Agreement ") is made and entered into as of May 2006, and is by and between the City of South Miami, Florida, a Florida municipal corporation, and its successors and assigns (the "City "), the City of South Miami Community Redevelopment Agency, `a public body corporate and politic of the State of Florida, and its successors and assigns (the "SMCRA "), and SunTrust Bank, a Georgia banking corporation, and its successors and assigns as holder of the hereinafter defined Note (the "Bank"); WHEREAS, the SMCRA is a legally separate agency from the City established by Ordinance No. 12 -97 -1633 adopted by the City Commission of the City (the "Commission ") on April 15, 1997 (the " SMCRA Enabling Ordinance"); WHEREAS, the 'County Commission (the "County Commission ") of Miami -Dade County (the "County ") approved the SMCRA plan on May 19, 1998 via County Ordinance Nos. 98 -79 and 98 -80; WHEREAS, on May 3, 2005, the Board of Commissioners of the SMCRA (the " SMCRA Board ") approved Resolution No. 466 -05 amending the plan and extending the life of the SMCRA for 15 years beyond the June 1, 2005 sunset provision for the SMCRA's interlocal agreement with the County and providing for a sunset review within two years of the extension, if no long term financing agreement supported' by tax increment financing revenues is completed within the two year period; WHEREAS, the SMCRA's amended plan was adopted on by the County Commission on May 5, 2005' via Resolution No. R- 466 -05, . and contemplates the construction of a mixed use economic development project known as Madison Square; WHEREAS, to develop the Madison Square mixed use project, the SMCRA needs to purchase' several essential parcels (the "Project"); WHEREAS, the SMCRA accepted the proposal of the Bank to provide financing for the purchase; WHEREAS, execution of a long term loan agreement would be based upon the SMCRA reimbursing the loan through the use of future TIF revenues; WHEREAS, the SMCRA would have to obtain County Commission approval for such long term financing (such approval is hereinafter referred to as the "County Approval "), and as the properties to be 'purchased may be lost at foreclosure auction, the SMCRA requires the assistance of the City of South Miami with the financing; WHEREAS, the SMCRA Board at its April 10, 2006 meeting' approved a resolution (the " SMCRA Loan Resolution ") authorizing the Executive Director to execute a loan agreement with SunTrust Bank to purchase five properties required for the development of the Madison Square Project; 1 IM1490904_1 } WHEREAS, the City Commission did, on April 18, 2006, adopt an Ordinance (the 'Note Ordinance ") authorizing a loan from the Bank, in the principal amount not to exceed $1,465,000 for the purpose of assisting the SMCRA ° in obtaining the financing by issuing its promissory " note, which will be guaranteed by the SMCRA effective upon receipt of the County Approval; WHEREAS, the City hereby determines that it is desirable and in the best interest of the City to enter into this Agreement whereby the City will borrow funds on behalf of the SMCRA (the "Loan ") from the Bank to be used for the Project; and WHEREAS, the obligation of the City to repay such Loan shall be evidenced by the delivery of a Community Redevelopment Note (the "Note") to the Bank in the principal amount of the Loan, which Note will be guaranteed hereunder by the SMCRA effective upon receipt of the County Approval; and WHEREAS, the Note shall be issued pursuant to the terms and provisions of the Note Ordinance and this Agreement; and WHEREAS, the execution and delivery of this Agreement have been duly authorized by the Note Ordinance and the SMCRA Resolution: NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: DEFINITION OF TERMS Section 1.1 Definitions. The words and terms used in this Agreement shall have the meanings as set forth in the Note Ordinance and in the recitals above, unless otherwise defined herein. Unless the context shall otherwise require, the following words and terms as used in this Agreement shall have the following meanings: "Act" means Part 11 of Chapter 166, Florida Statutes, as amended, Part III of Chapter 163, Florida Statutes, as amended, the Charter of the City, the SMCRA Enabling Ordinance and other applicable provisions of law. "Agreement" means' this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto made-, in accordance with the provisions hereof. "Annual Debt Service Requirement" means for a given Fiscal Year the amount required to pay the principal and interest coming due on the Note during that Fiscal Year. "Bond Counsel" means counsel experienced in matters relating to the validity of, and the exclusion from gross income for federal income tax purposes of interest on, obligations of states and their political subdivisions. "Business Day" means any day which is not a Saturday, Sunday or legal holiday in Miami, Florida. 2 f M1490904_1 } "City Manager" means the City Manager of the City. "Clerk" means the Clerk or any Deputy Clerk of the City. "Code" means the Internal Revenue Code of 1986, as amended, including the applicable regulations of the Department of the Treasury (including applicable final regulations, temporary regulations and proposed regulations), the applicable lrulings of the Internal Revenue Service (including published Revenue Rulings and private letter rulings) and applicable court decisions. "Dated Date" means the date of issuance of the Note. "Event of Default" shall mean an event of default specified in Article VIII of this Agreement. "Executive Director" means the Executive Director of the SMCRA. "Fiscal Year" means the period commencing on October 1 of each year and ending on the succeeding September 30, or such other consecutive 12 -month period as may be hereafter designated as the fiscal year of the City or the SMCRA, as applicable, pursuant to general law. "Governing Body" means, as to the City, the City Commission of the City, or its successor in function, and, as to the SMCRA, the SMCRA Board, or its successor in function, "Holder" means the registered owner (or its authorized representatives) of the Note from time to time, initially the Bank. "Loan" means the outstanding principal amount of the Note issued hereunder. "Loan Documents" means this Agreement, the Note, the Note Ordinance and all other documents, agreements, certificates, schedules, notes, statements, and opinions, however described, referenced herein or executed or delivered pursuant hereto or in connection with or arising with the Loan or the transaction contemplate' d by this Agreement. "Mayor means the Mayor of the City and such other person as may be authorized to act on his or her behalf. "Non -Ad Valorem Revenues" means all revenues of the City or the SMCRA, as applicable, derived from any source other than ad valorem taxation on real or personal property and which are legally available to make the payments required under this Agreement; but only after provision has been made by the City or the SMCRA, as applicable,' for the payment of all essential or legally mandated services. With respect to the SMCRA, Non -Ad Valorem Revenues shall be deemed to include tax increment revenues, including revenues deposited into a redevelopment trust fund pursuant to Section 163.387, Florida Statutes. "Note" means the City's Community Redevelopment' Note, Series 2006, authorized to be issued hereunder in an aggregate principal amount $1,465,000. "Note Payment Date" means each February' 1, May 1, August 1 and November 1, commencing August 1, 2006: "Person" means natural persons, firms, trusts, estates, associations, corporations, partnerships and public bodies. "State" means the State of Florida. "Supplemental Ordinance" means any Ordinance of the City amending or supplementing the Ordinance in accordance with the terms and provisions thereof. Section 1,.2 Interpretation. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. Section 1.3 Titles and Headings. The titles and headings of the articles and sections of this Agreement have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in anyway modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing: this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS OF CITY The City represents and warrants to the Bank that: Section 2.1 Powers of City. The City is duly organized and validly existing as a municipal corporation under the laws of the State. The City has the power to borrow the amount provided for in this Agreement, to execute and deliver the Loan Documents, to secure the Note in the manner contemplated hereby, and to perform and observe all the terms and conditions of the Note and this Agreement on its part to be performed and observed. The City may lawfully issue the Note in order to obtain funds to finance the Project. Section 2.2 Authorization of Loan. The City has, had., or will have, as the case may be, full legal right, power, and authority to adopt the Note Ordinance and to execute and deliver this Agreement, to issue, sell, and deliver the Note to the Bank, and to carry out and consummate all °other transactions 'contemplated hereby and by the Loan Documents, and the City has complied and will comply with all provisions of applicable law in all material matters relating to such transactions. The City, by the Note Ordinance, has duly authorized the borrowing of the amount provided for in this Agreement, the execution and delivery of this Agreement, and the making and delivery of the Note to the Bank, and to that end' the City warrants that it will take all 4 {M1490904_1 } action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Note. The City has ;duly adopted the Note Ordinance and authorized the execution, delivery,_ and performance of the Note and the Agreement and the taking of any and all other such action as may be required on the part of the City to carry out, give effect to and consummate the - transactions contemplated by the Loan Documents. The Note has been duly authorized, executed, issued and delivered to the Bank and constitutes a legal, valid and binding obligation of the City enforceable in accordance with its terms and the terms of the Note Ordinance, and is entitled to the benefits and security of the Note Ordinance and this Agreement. All approvals, consents, and orders of and filings with any governmental authority or agency which would constitute a condition precedent to the issuance of the Note or the execution and delivery of or the performance by the City of its obligations under the Loan Documents have been obtained or made and any consents, approvals, and orders to be received or filings so made are in full force and effect. Section 2.3 Agreements. The making and performing by the City of this Agreement will not violate any provision of the Act, or any ordinance or resolution of the City, or any regulation, order or decree of any court, and will not result in a breach of any of the terms of any agreement or instrument to which the City is a party or by which the City is bound. The Loan Documents constitute legal, valid and binding obligations of the City enforceable in accordance with their respective terms. Section 2.4 Litigation, Etc. There are no actions or proceedings pending against the City or affecting the City or, to the knowledge of the City, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the financial- condition of the City; or which question the 'validity of this Agreement, the Note or any of the other Loan Documents or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby. The City is not in default in any material respect under any agreement or other instrument to which it is a parry or by which it may be bound. Section 2.5 Financial Information. - The financial information regarding the City furnished to the Bank by the City in connection with the Loan is complete and accurate, and there has been no material and adverse change in the financial condition of the City from that presented in such information'. ARTICLE III REPRESENTATIONS OF SMCRA The SMCRA represents and warrants to the Bank that: Section 3.1 Powers of SMCRA. The SMCRA is 'a public body corporate and politic duly organized and validly existing under the laws of the State. Subject to Section 3.6 hereof, the SMCRA has the power to guarantee the amount provided for in this Agreement, to execute and deliver the Loan Documents, to secure the Note in the manner contemplated hereby, and to perform and observe all the terms and conditions of the Note and this Agreement on its part to be s (M1490904 1 } performed and observed. Subject to Section 3.6 hereof, the SMCRA may lawfully guarantee the Note in order to obtain funds to finance the Project. Section 3.2 Authorization of Loan. Subject to Section 3.6 hereof, the SMCRA has, had or will have, as the case may be, full legal right, power, and authority to adopt the SMCRA Loan Resolution and to execute and deliver this Agreement, to guarantee the Note to the Bank, and to carry out and consummate all other transactions contemplated hereby and by the Loan Documents, and the SMCRA has complied and will comply with all provisions of applicable law in all material matters relating to such 'transactions. The SMCRA, by the SMCRA Loan Resolution, has duly authorized the guarantee of the amount provided for in this Agreement, the execution and delivery of this Agreement, and the guarantee of the Note to the Bank, and to that end the SMCRA warrants that it will take all action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Note. ' The SMCRA has duly adopted the SMCRA Loan Resolution and authorized the execution, delivery, and performance of the Agreement and the guarantee of the Note and the taking of any and all other such action as may be required on the part of the SMCRA to carry out, give effect to and consummate the transactions contemplated by the Loan Documents. The guarantee of the Note' has been duly authorized, executed, issued and delivered to the Bank and constitutes a legal, valid and binding obligation of the SMCRA enforceable in accordance with its terms and the terms of the SMCRA Loan Resolution, and is entitled to the benefits and security of the SMCRA Loan Resolution and this Agreement. Subject to Section 3.6 hereof, all approvals, consents, and orders of and filings with any governmental authority or agency which would constitute a condition precedent to the guarantee of the Note or the execution and delivery of or the performance by the SMCRA' of its obligations 'under the Loan Documents have been obtained or made I and any consents, approvals, and orders to be received or filings so made are in full force and effect. Section 3.3 Agreements. Subject to 'Section 3.6 hereof, the making and performing by the SMCRA of this Agreement will not violate any provision of the Act, or any ordinance or resolution of the SMCRA, or any regulation, order or decree of any court, and will not result in a breach of any of the terms of any agreement or instrument to which the SMCRA is a party or by which the SMCRA is bound. Subject to Section 3.6 hereof, the Loan Documents constitute legal, valid and binding obligations of the SMCRA enforceable in accordance with their respective terms. Section 3.4 Litigation,, Etc. There are no actions or proceedings pending against the SMCRA or affecting the SMCRA or, to the knowledge of the SMCRA, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the SMCRA, or which question the validity of this Agreement, the guarantee of the Note or any of the other Loan Documents or of any action taken or to be taken in 'connection with the transactions contemplated hereby or thereby. The SMCRA is not in default in any material respect under any agreement or other instrument to which it is a party or by which it may be bound. Section 3.5 Financial Information. The financial information regarding the SMCRA furnished to the Bank by the SMCRA in connection with the Loan is complete and accurate, and 6 {M1490904_1} there has been no material and adverse change in the financial condition of the SMCRA from that presented in such information. Section 36 County Approval. It is understood by the parties hereto that the obligations of the SMCRA hereunder and under the Note are subject to the County Approval, and that notwithstanding the execution of this Agreement and the Note by the SMCRA on the date hereof, the obligations of the SMCRA are not effective until the County Approval has been received. All of the representations, warranties and covenants of the SMCRA hereunder' are subject to such County Approval. The SMCRA covenants that it will take all steps necessary to obtain the County Approval. If such approval is obtained, the SMCRA's covenant to budget and appropriate its Non -Ad Valorem Revenues as specified in Section 5.3' hereof shall attach automatically, without the need for any further approval by the SMCRA or the City or any amendment to this Agreement. ARTICLE IV COVENANTS OF THE CITY Section 4.1 Affirmative Covenants. The City covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any duty or obligation of the City hereunder or under any of the other Loan Documents remains unpaid or unperformed, as follows: (a) Use of Proceeds. The City covenants that the proceeds from the Note will be used only to finance the Project and to pay closing costs. The City represents that, as of the date of issuance' of the Note, there are no other bonds or obligations of the City secured by a covenant to budget and appropriate from its Non -Ad Valorem Revenues, other than (i) the $573,366.50 City of South Miami, Florida Land Acquisition Promissory: Note,,; Series 2005 (the "Land Acquisition Note "), (ii) the $1,425,000 City of South Miami, Florida Promissory Note, Series 2005A (YMCA' Property) (the "2005 A YMCA Note "), (iii) the $500,000 City of South Miami, Florida Promissory Note, Series 2005B (YMCA Property)' (the "2005 B YMCA Note "), (iv) the $850,000 City of South Miami, Florida Taxable Promissory Note, Series 2005C (YMCA Property) (the "2005 C YMCA Note "), (v) the $2,200,000 Florida Municipal Loan, Series 2001A (the "2001A Loan") and (vi) the $6,500,000 Florida Municipal Loan, Series 2002A (the "2001A Loan"). This representation does not apply to any future bonds or obligations issued by the City. (b) Notice of Defaults. The City shall within ten (10) days after it acquires knowledge thereof, notify the Bank in writing ,upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or giving of notice, or both, would 'constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the City of all relevant facts and the action being taken or proposed to be taken by the City with respect thereto. IM1490904 1} f-}"; 2.,'+. ."'v::& T .. "Si'�'1, '4; ,.,�,. '_.. t''i_"si •T.v'±EJER'iZfiA. - s.'4r'`t' ti . ,fl- (c) Records. The City agrees that any and all records of the City shall be open to inspection by the Bank or its representatives at all reasonable times at the offices of the City. (d) Maintain Existence. The City shall do all things lawfully within its power to maintain its existence as a municipal corporation of the State, and shall not voluntarily dissolve; (e) Notice' of Liabilities. The City shall promptly inform the Bank of any actual or potential contingent liabilities or pending or threatened litigation of any amount that could reasonably be expected to have a material and adverse effect upon the financial condition of the City. (f) Insurance. The City shall maintain such liability, casualty and other insurance as is reasonable and prudent for similarly situated municipal corporations of the State and shall upon the request of the Bank, provide evidence of such coverage to the Bank. (g) Comply with Laws. The City is in compliance with and shall comply with all applicable federal, state and local' laws and regulatory requirements. (h) Taxes. In the event the Note, this Agreement or any other Loan Document should be subject to the excise tax on documents: or the intangible personal property tax, or any similar tax, of the State of Florida, the City shall pay such taxes or reimburse the Bank for any such taxes paid by it. (i) Investments. The City_ shall invest only in obligations permitted by Section 218.345, Florida Statutes: Section 4.2 Bank Fees and Expenses. The City hereby agrees to pay the Bank a commitment fee of $1,500.00 and the fees and expenses of counsel to the Bank in connection with the 'issuance of the Note in the amount of $7,500.00, plus reasonable out of pocket expenses, said amounts to be due and payable upon the issuance of the Note. Section 4.3 Registration and Exchange of Notes, Persons Treated as Owners. So long as the Note shall remainunpaid, the City will keep books for the registration and transfer of the Note. The Note shall be transferable only upon such registration books. The City will transfer the registration of a Note upon written request of the Bank, specifying the name, address and taxpayer identification number of the transferee: The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of such Person. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. Section 4.4 Payment of Principal and Interest. The City promises, jointly and severally with the SMCRA '(but subject to Section 3.6 with respect to the obligations of the I, SMCRA), that it will promptly pay the principal of and interest on the Note at the place, on the {M1490904_1 } dates and in the manner provided therein according to the true intent and meaning hereof and thereof, provided that the principal of and interest on the Note is secured solely as provided in Section 4.5 hereof, and nothing in the Note or in the Note Ordinance shall be construed as pledging any funds or assets of the City to such payment or authorizing such payment to be made from any other source. The obligation of the City set forth in the preceding sentence shall be deemed satisfied to the extent the SMCRA has made such payment. The Note shall not be or constitute a general obligation or indebtedness of the City within the meaning of the Constitution of Florida, but shall be payable solely from and secured in the manner and to the extent provided in Section <4.5. No Holder shall ever have the right to compel the exercise of the ad valorem taxing power of the City or taxation in any form on any real or personal property to pay such Note or the interest thereon, nor shall any Holder be entitled to payment of such principal and interest from any other funds of the City other than the Non -Ad Valorem Revenues, all in the manner and to the extent herein provided.' Section 45 Covenant to Budget and Appropriate. The City hereby covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each Fiscal Year, amounts sufficient to pay the principal and interest due on the Note in accordance with it terms during such Fiscal Year. Such covenant and agreement on the part of the City to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall 'continue until such Non -Ad Valorem Revenues or other' legally available ;funds ` in amounts :_ sufficient to make all such required payments shall have been budgeted, appropriated and actually 'paid. Notwithstanding the foregoing covenant of the City, the ° City does not covenant to maintain' any services or programs, now provided or maintained by the City, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the City from pledging in the future its Non'' -Ad Valorem Revenues, nor does it require the City to levy and collect any particular Non' -Ad Valorem Revenues, nor does it give the Note Holder a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the City. Such covenant to appropriate Non -Ad Valorem Revenue is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and placing on the City a positive duty to appropriate and budget, 'by amendment, if necessary, amounts sufficient to meet its obligations under this Agreement, subject, however, in all respects to the terms of this Agreement and the restrictions of Section 166.241 (3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each Fiscal Year which, in any one year, shall not exceed the amount to be received from taxation :or other revenue sources; and subject, further, to the payment of services and; programs which are for essential public purposes' affecting the; health, welfare and safety of the inhabitants of the City or which are legally mandated by applicable law. Section 4.6 Prepayment. The City shall be entitled to prepay the Note prior to maturity in whole or in part, at any time at a price of par plus accrued interest to the date of 9 (M14909041) prepayment, upon written notice to the Holder given by the City at least five (5) days prior to the date fixed for prepayment. Section 4.7 Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Bank. Section 4.8 Officers and Employees of the City Exempt from Personal; Liability. No recourse under or upon any obligation, covenant or agreement of this Agreement or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any Commissioner of the City, or any officer, agent or employee, as such, of the City past, present or future, it being expressly understood (a) that the obligation of the City under this Agreement and the Note is solely a corporate one, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the City Commission, or the officers, agents, or employees, as such, of the City, or any of them, under or by reason of the obligations, covenants or agreements contained in this Loan Agreement or implied therefrom, and (c) that any and all such personal liability of, and any and all such rights and °claims against, every such Commissioner of the City, and every officer, agent, or employee, as such of the City under or by reason of the obligations, covenants or agreements contained in this Loan Agreement, or implied' therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Loan Agreement and the issuance of the Note on the part of the City. Section 4.9 Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the City shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note' destroyed, stolen or lost and upon I the 'Holder furnishing the City proof of ownership thereof and indemnity reasonably satisfactory to the City and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. The Note so surrendered shall be canceled. Section 4.10 Section 265 Designation- of Note. The reasonably anticipated` amount of tax- exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which have been or will be issued by the City during 2006 does not exceed $10,000,000. There are no entities which are subordinate to or which issue obligations on behalf of the City. The City- hereby designates the Note as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3)(13)(i) of the Code. The City hereby covenants and agrees not to take any action or to fail to take any action if such action or failure would cause the Note to no longer be a "qualified tax- exempt obligation. Section 4.11 Tax Representations, _Warranties and Covenants of the City. Notwithstanding anything herein to the contrary, the City hereby covenants and represents that it has taken and caused to be taken and shall make and take and cause to be made and taken all actions that may be required of it for the interest on the Note to be and remain excluded from the gross income of the Holder for federal income tax purposes, and that to the best of its knowledge it has not taken or permitted to be taken on its behalf, and covenants that to the best of its ability 10 (M14909041) and within its control, it shall not make or take, or permit to be made or taken on its behalf, any action which, if made or taken, would adversely affect such exclusion under the provisions of the Code. The City acknowledges that the continued exclusion of interest on the Note from gross income for federal income tax purposes depends, in part, upon compliance with the arbitrage limitations imposed by Sections 103(b)(2) and 148 of the Code. The City hereby acknowledges responsibility to take all reasonable' actions necessary to comply with these requirements. The City hereby agrees and covenants that it shall not permit at any time or times any of the proceeds of the Note or other funds of the City to be intentionally used, directly or indirectly, to acquire or to replace funds which were used directly or indirectly to acquire` any higher yielding investments (as defined in Section 148 of the Code), the acquisition of which would cause' the Note to be an arbitrage bond for purposes of Sections 103(b)(2) and 148 of the Code. The City further agrees and covenants that it shall do and perform all acts and things necessary in order to assure that the requirements of Sections 103(b)(2) and 148 of the Code are met. Specifically, without intending to limit in any way -the generality of the foregoing, the City covenants and agrees: (a) to pay to the United States of America at the times required pursuant to Section 148(f) of the Code, the excess of the amount earned on all non - purpose investments (as defined in Section 148(f)(6) of the Code) (other than investments attributed to an excess described in this sentence) over the amount which would have been earned if such non - purpose investments were invested at a rate equal to the yield on the Note, plus any income attributable to such excess (the "Rebate Amount"); (b) to maintain and retain all records pertaining to and to be responsible for making or causing to be made all determinations and calculations of the Rebate Amount and required payments of the Rebate Amount as shall be necessary to comply with the Code-, and (c) to comply with all representations and restrictions contained in any Tax' Certificate executed by the City in connection with the Note. The City understands ands that the fore g oin g covenants im p ose continuing obli g ation s on it to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Section 4.12 Additional Tax Covenants of the City. For so long as the Note remains outstanding, the City hereby covenants as follows: (a) It will comply with, and timely make or cause to be made all filings required 'by, all effective rules, rulings or regulations promulgated by the Department of the Treasury or the Internal Revenue Service; (b) It will not use, invest, direct or permit the investment of the proceeds of the Note or any investment earnings thereon in a manner that will result in such Note becoming a "private activity bond" within the meaning of Sections 141 and 145 of the Code; 11 (M1490904-11 'n- '°„,�,,.- �„^^- ."*—R �a -,'. ^. -%= .. 1ne.,s.. i?i'^?,.: s.'"- -'�.. �M1'?`7r „,'��&'”. Ek;v,�wi!- 3nx�j °e''1'.,.4'Ty�`i" :...^vF- .5'S'm•'.�' (c) It will not use or permit to be used more than ten percent (10 %) of the proceeds of the Note (including any amounts used to pay costs associated with issuing such Note), including ; all investment income earned on such proceeds directly or indirectly, in any trade or business carried on by any person who is not the City or a .state or political subdivision or instrumentality thereof as those terms are used in Section 103 of the Code (an "Exempt Person"); (d) It will not use or permit the use of any portion of the proceeds of the Note, including all investment income earned on such proceeds, directly or indirectly, to make or finance loans to persons who are not Exempt Persons; (e) It has not entered into, and will not enter into, any arrangement with any person or organization (other than an Exempt Person) which provides for such person or organization to manage, operate, or provide services with 'respect to more than 10% of the property financed with the proceeds of the Note (a "Service Contract "), unless the guidelines set forth in Revenue Procedure 97 -13 (or the guidelines set forth in Revenue Procedure 93 -19, to the extent applicable, or any new, revised or additional guidelines applicable to Service Contracts) (the "Guidelines "), are 'satisfied, except to the extent it obtains a private letter ruling from the Internal Revenue Service or an opinion of nationally recognized Bond Counsel which allows for a variation from the Guidelines; (f) It will not cause the Note to be treated as "federally guaranteed for purposes of Section 149 of the Code, as may be modified in any applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service with respect to "federally guaranteed" obligations described in Section 149 of the Code. For purposes of this paragraph, the Note shall be treated as "federally guaranteed" if (i) all or any portion of the principal or interest is or will be guaranteed directly or indirectly by the United States of America or any agency or instrumentality thereof, or (ii) 5% o or more of the proceeds of the Note will be (A) used in making loans the payment of principal or interest with respect to which is to be guaranteed in whole or in part by the United States of America or any agency or instrumentality thereof, or (B)' invested directly or indirectly in federally insured deposits or accounts, and (iii) such guarantee is not described in Section 149(b)(3) of the Code; and (g) It will comply with the information reporting requirements of Section 149(e)(2) of the Code. The terms debt service, gross proceeds, net proceeds, proceeds, and yield have the meanings assigned to them for purposes of Section 148 of the Code. 12 IM1490904 1 } ARTICLE V COVENANTS OF THE SMCRA Section 5.1 Affirmative Covenants. The SMCRA covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid ' or any duty or obligation of the SMCRA hereunder or under any of the other Loan Documents remains unpaid or unperformed, as follows: (a) Use of Proceeds. The SMCRA covenants that the proceeds from the Note will be used only to finance the Project and to pay closing costs. The SMCRA represents that, as of the date of issuance of the Note, there are no other bonds or obligations of the SMCRA' secured by a covenant to budget and appropriate from its Non -Ad Valorem Revenues. This representation does not apply to any future bonds or obligations issued by the SMCRA. (b) Notice of Defaults. The SMCRA shall within ten (10) days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, and any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the SMCRA of all relevant facts and the action being taken or proposed to be taken by the SMCRA with respect thereto. (c) Records. The SMCRA agrees that any and all records of the SMCRA shall be open to inspection by the Bank or its representatives at all reasonable times at the offices of the SMCRA. (d) Maintain Existence. The SMCRA shall do all things lawfully within its power to maintain its existence as a community redevelopment agency of the State, and shall not voluntarily dissolve. (e) Notice of Liabilities. The SMCRA shall promptly inform the Bank of any actual or potential contingent liabilities or pending or threatened litigation of any amount that could reasonably be expected to have a material and adverse effect upon the financial condition of the SMCRA. (f) Insurance. The SMCRA shall maintain such liability, casualty and other insurance as is reasonable and prudent for similarly situated community redevelopment agencies of the State and shall upon the request of the Bank, provide evidence of such coverage to the Bank. (g) Comply with Laws. The SMCRA is in compliance with and shall comply with all applicable federal, state and local laws and regulatory requirements. (h) Taxes. In the event the Note, this Agreement or any other. Loan Document should be subject to the excise tax on documents or the intangible personal property 13 {M1490904-11 tax, or any similar tax, of the State of Florida, the SMCRA shall pay such taxes or reimburse the Bank for any such taxes paid by it. (i) Investments. The SMCRA shall invest only in obligations permitted by Section 215.345, Florida Statutes. Section 5.2 Payment of Principal and Interest. Subject to Section 3.6 hereof, the SMCRA promises, jointly and severally with the City, that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein <according to the true intent and meaning hereof and thereof, provided that the principal of and interest on the Note is secured solely as provided in Section 5.3 hereof, and nothing in the Note or in the Note Ordinance shall be construed as pledging any funds or assets of the SMCRA to such payment or authorizing such payment to be made from any other source. The obligation of the SMCRA set forth in the preceding sentence shall be deemed satisfied to the extent the City has made such payment. The Note shall not be or constitute a general obligation or indebtedness of the SMCRA within the meaning of the Constitution of Florida, but shall be payable solely from and secured in the manner and to .the extent provided in Section 5.3. No Holder shall ever have the right to compel the exercise of the ad valorem taxing power of the SMCRA or taxation in any form on any real or personal property to pay such Note or the interest thereon, nor shall any Holder be entitled to payment of such principal and interest from any other funds of the SMCRA other than the Non -Ad Valorem Revenues, all in the manner and to the extent herein provided. Section 5.3 Covenant to Budget and Appropriate. The SMCRA hereby covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each Fiscal Year, amounts'sufficient to pay the principal and interest due on the Note in accordance with it terms during such Fiscal Year. Such covenant and ,agreement on the part of the SMCRA to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non' Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been 'budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the SMCRA, the SMCRA does not covenant to maintain any services or programs, now provided or maintained by the SMCRA which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the SMCRA from pledging in the future its Non -Ad Valorem Revenues, nor does it require the SMCRA to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Note Holder a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the SMCRA. Such covenant to appropriate Non -Ad Valorem Revenue is subject in all respects to the payment of obligations secured by a pledge of such Non-Ad Valorem Revenues heretofore or hereafter entered into (including the payment of debt service on bonds and other debt, instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and placing on the SMCRA a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under this Agreement, subject, however, in all respects to the terms of this Agreement and the restrictions 14 (M1490904_1 } of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each Fiscal Year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the SMCRA or which are legally mandated by applicable law. Section 5.4 Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Bank. Section 5.5 Officers and Employees of the SMCRA Exempt ' from Personal Liabili No recourse under or upon any obligation, covenant or agreement of this Agreement or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any Commissioner of the SMCRA, or any officer, agent or employee, as such, of the SMCRA past, present or future, it being expressly understood (a) that the obligation of the SMCRA under this Agreement and the Note is solely a corporate one; (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the SMCRA Commission, or the officers, agents, or employees, as such, of the SMCRA, or any of them, under or by reason of the obligations, covenants or agreements contained in this Loan Agreement or implied therefrom, and (c) that any and all such personal liability of, and any and all such rights and claims against, every such Commissioner of the SMCRA, and every, officer, agent, or employee, as such, of the SMCRA under or by reason of the obligations, covenants or, agreements contained in this Loan Agreement, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Loan Agreement and the issuance of the Note on the part of the SMCRA. Section 5.6 Tax Representations, Warranties and Covenants of the SMCRA. Notwithstanding anything herein to the contrary, the SMCRA hereby covenants and represents that it has taken and caused to be taken and shall make and take and cause to be made and taken all actions that may be required of it for the interest on the Note to be and remain excluded from the gross income of the Holder for federal income tax purposes, and that to the best of its knowledge it has not taken or permitted to be taken on its behalf, and covenants that to the best of its ability and within its control, it shall not make or take, or permit to be made or taken on its behalf, any action which, if made or taken, would adversely affect such exclusion under' the provisions of the Code. The SMCRA acknowledges that the continued exclusion of interest on the Note from gross income for federal income tax purposes depends, in part, upon compliance with the arbitrage limitations imposed by Sections' 103(b)(2) and 148 of the Code. The SMCRA hereby acknowledges responsibility to take all reasonable actions necessary to comply with these requirements. The SMCRA hereby agrees and covenants that it shall not permit at any time or times any of the proceeds of the Note or other funds of the SMCRA to be intentionally used, directly or indirectly, to acquire or to replace funds which were used directly or indirectly to acquire any higher yielding investments (as defined in Section 148` of the Code), the acquisition of which would cause -the Note to be an arbitrage bond for purposes of Sections 103,(b)(2)' and is (M149090411 148 of the Code. The SMCRA further agrees and covenants that it shall do and perform all acts and things necessary in order to assure that the requirements of Sections 103(b)(2) and 148 of the Code are met. Specifically, without intending to limit in any way the generality of the foregoing, the SMCRA covenants and agrees: (a) to pay to the United States of America at the times required pursuant to Section 148(f) of the Code, the excess of the amount earned on all non- purpose investments (as defined in Section 148(f)(6) of the Code) (other than investments attributed to an excess described in this sentence) over the amount which would have been earned if such non- purpose investments were invested at a rate equal to the yield on the Note, plus any income attributable to such excess (the "Rebate Amount"); (b) to maintain and retain all records pertaining to and to be responsible for making or causing to be made all determinations and calculations of the Rebate Amount and required payments of the Rebate Amount as shall be necessary to comply with the Code; and (c) to comply with all representations and restrictions contained in any Tax Certificate executed by the SMCRA in connection with the Note. The SMCRA understands that the foregoing covenants impose continuing obligations on it to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Section 5.7 Additional Tax Covenants of the SMCRA. For so long as the Note remains outstanding, the SMCRA hereby covenants as follows: (a) It will comply with, and timely make or cause to be made all filings "required, by, all effective rules, rulings or regulations promulgated by the Department of the Treasury or the Internal Revenue Service; (b) It will not use, invest, direct or permit the investment of the proceeds of the Note or any investment earnings thereon in a manner that will result in such Note becoming a "private activity bond" within the meaning of Sections 141 and 145 of the Code; (c) It will not use or permit to be used more than ten percent (10 %) of the proceeds of the Note (including any amounts used to pay costs associated with issuing such Note), including all investment income earned on such proceeds directly or indirectly, in any trade or business carried on by any person who is not the SMCRA or a state or political subdivision or instrumentality thereof as those terms are used in Section 103 of the Code (an "Exempt Person"); (d) It will not use or permit the use of any portion of the proceeds of the Note, including all investment income earned' on such proceeds, directly or indirectly, to make or finance loans to persons who are not Exempt Persons; 16 tM1490904_1 } (e) It has not entered into, and will not enter into, any arrangement with any person or organization (other than an Exempt Person) which provides for such person or organization to manage, operate, or provide services with respect to more than 10% of the property financed with the proceeds of the Note (a "Service Contract "), unless the guidelines set forth in Revenue Procedure 97 -13 (or the guidelines set forth in Revenue Procedure 93 -19, to the extent applicable, or any new, revised or additional guidelines applicable to Service Contracts) (the "Guidelines "), are satisfied, except to the extent it obtains a private letter ruling from the Internal Revenue Service or an opinion of nationally recognized Bond Counsel which allows for a variation from the Guidelines; (f) It will not cause the Note to be treated as "federally guaranteed for purposes of Section 149 of the Code, as may be modified in any applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service with respect to "federally guaranteed" obligations described in Section 149 of the Code. For purposes of this paragraph, the Note shall be treated as "federally guaranteed" if ` (i) all or any portion of the principal or interest is or will be guaranteed directly or indirectly by the United States of America or any agency or instrumentality thereof, or (ii) 5 % or more of the proceeds of the Note will be (A) used in making loans the payment of principal or interest with respect to which is to be guaranteed in whole or in part by the United States of America or any agency or instrumentality thereof, or (B) invested directly or indirectly in federally insured deposits or accounts, and (iii) such guarantee is not described in Section 149(b)(3) of the Code; and (g) It will comply with the information reporting requirements of Section 149(e)(2) of the Code. The terms debt service, gross proceeds, net proceeds, proceeds, and "yield" have the meanings assigned to them for purposes of Section 148 of the Code. ARTICLE VI CONDITIONS OF LENDING Section 6.1 Conditions of Lending. The obligations of the Bank to lend hereunder are subject to the following conditions precedent: (a) Representations and Warranties. The representations and warranties set forth in the Loan Documents are and shall be true and correct to the best of the City's and the SMCRA's knowledge on and as of the date hereof. (b) No Default. On the date hereof the City and the SMCRA shall be in compliance with all the terms and provisions set forth in the Loan Documents on its part to be observed or performed, and no Event of `Default nor any event that, upon notice or lapse of time or both, would constitute such an Event of Default, shall have occurred and be continuing at such time. 17 {M1490904_1} (c) Supporting Documents. On or prior to the date hereof, the Bank shall have received the following supporting documents, all of which shall be satisfactory in form and substance to the . Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank): (i) The opinion of the City Attorney regarding the due authorization, execution, delivery, validity and enforceability of this Agreement and the Note, the City's and the SMCRA's power to incur the debt evidenced by the Note and the due adoption of the Ordinance and the SMCRA Loan Resolution; (ii) The opinion of Bond Counsel to the effect that, (A) the interest on the Note is excluded from gross income for federal income tax purposes, (B) the Note is not an item of tax preference under Section 57 of the Code, (C) the Note is a qualified' tax- exempt obligation under Section 265(b)(3) of the Code and (D) the Note and the income thereon is exempt from the State excise tax on documents and intangible personal property tax; and (iii) Such additional supporting documents as the Bank may reasonably request. ARTICLE VII THE LOAN; CITY'S AND:SMCRA'S OBLIGATIONS; DESCRIPTION AND PAYMENT TERMS Section 7.1 The Loan. The Bank hereby agrees to loan to the City and the SMCRA the amount of $1,465,000 to be evidenced by the Note, to provide funds to finance the Project and to pay closing costs upon the terms and conditions set forth' in the Note Ordinance, the SMCRA Loan Resolution and this Agreement. Subject to Section` 3.6 hereof, the City and the SMCRA each agree, jointly and severally, to repay the principal amount borrowed plus interest thereon, upon the terms and conditions set forth in the Loan Documents. Section 7.2 Description and Payment Terms of the Note. To evidence the Loan, the City shall issue and deliver to the Bank, and the SMCRA shall guarantee, the Note in the form attached hereto as Exhibit "A ". ARTICLE VIII' CREATION AND USE OF FUNDS AND ACCOUNTS Section 8.1 Note Fund. There is hereby . created a fund, entitled "City of South Miami, Florida, Community Redevelopment Note, Series 2006 Note Fund" (the "Note Fund"). There shall be deposited into the Note Fund on each Note Payment Date sufficient amounts of Non -Ad Valorem Revenues of either the City or the SMCRA as specified in Sections 4.5 and 5.3 18 {M1490904_1} hereof which, together with the amounts already on deposit therein, will enable the City to pay the principal of and interest on the Note on each Note Payment Date. Moneys in the Note Fund shall be applied on each Note Payment Date to the payment of principal of and interest on the Note coming due on each such date.' Section 8.2 Funds. Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively. The money in such funds and accounts shall be continuously secured in the same manner as deposits of City funds are authorized to be secured by the laws of the State of Florida. The designation' and establishment of the funds and accounts in and by this Agreement shall not be construed to require the establishment of any completely independent, self - balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the City for the purposes herein provided and to establish certain priorities for application of such revenues and assets. Section 8.3 Rebate Fund and Rebate Covenants. There is hereby created and established a fund to be held by the City, designated the "City of South Miami, Florida Community Redevelopment Note, Series 2006 Rebate Fund" (the "Rebate Fund "). The Rebate Fund shall be held by the City separate and apart from all other funds and accounts held by the City under this Agreement and from all other moneys of the 'City. Notwithstanding anything in this Agreement to the contrary, the City or the SMCRA shall transfer to the Rebate Fund the amounts required to be transferred in order to comply with the Tax Certificate or the Rebate Covenants, if any, attached as an Exhibit to the Tax Certificate to be delivered by the City and the SMCRA on the date of delivery of the Note (the "Rebate Covenants "), when such amounts are so required to be transferred. The City Manager or the Executive Director shall make or cause to be made payments from the Rebate Fund of amounts required to be deposited therein to the United States of America in the amounts and at the times required by the Rebate Covenants. The City and the SMCRA covenant for the be of the Holder that it will comply with the Rebate Covenants. The Rebate Fund, together, with all moneys and securities ° from time to time held therein and all investment earnings derived therefrom, shall be excluded from the pledge and lien of this Agreement. The City and, the SMCRA shall not be required to comply with the requirements of this Section 8.3 in the event that the City or the SMCRA obtains and opinion of nationally recognized bond counsel that (i) such compliance is not required in order to maintain the federal income tax exemption of interest on the Note and/or (ii), compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Note. 19 f M1490904_1 } .z'w*k- r- '9^;.4*.?;. ARTICLE IX SPECIAL COVENANTS Section 9.1 Financial Statements. Each of the City and the SMCRA shall, upon receipt by the City and the SMCRA, as applicable, or within two hundred ten (210) days of each Fiscal Year end, whichever is sooner, provide the Holder with a printed copy- of its respective Comprehensive Annual Financial Report, its respective current year operating budget and its respective capital improvement plan, and a certificate of its City Manager and Executive Director, as applicable, in form and substance satisfactory to the Holder, evidencing compliance with the covenant set forth in Section 9.2 below. The City shall also provide to the Holder any other financial information reasonably requested by such Holder. Section 9.2 Coverage Requirement. The City covenants and agrees that it will at all times maintain a coverage ratio such that the average of Non -Ad Valorem Revenues (excluding enterprise fund revenues) of the City during the prior two Fiscal Years is equal to at least 200% of Maximum Annual Debt Service. For purposes of this paragraph;' (a) "Maximum Annual' Debt Service" shall mean the maximum amount of principal and interest required in the then current or any future fiscal year to pay all Debt Obligations; and (b) "Debt Obligations shall, mean debt 'service on debt obligations _of the City, including the Note, which are secured by or payable from general or specific Non -Ad Valorem Revenues. Calculations of Non -Ad Valorem Revenues will be based on information derived from the most recently audited Fiscal Year end financial statements. For purposes of calculating Maximum Annual Debt Service, the interest rate to be assumed for indebtedness bearing interest` at a variable rate shall be equal the 'average rate of interest paid by the City with respect to such indebtedness during the twelve (12) months preceding the date of calculation. ARTICLE X EVENTS OF DEFAULT Section 10.1 General ` An "Event of Default" shall be deemed to have occurred under' this Agreement if: (a) The City or the SMCRA shall fail to make any payment of the principal of or interest on the Note after the same shall become due and payable, whether by maturity, by acceleration at the discretion of the Bank as provided for in Section 10.2, or otherwise or 20 (M149090411 (b) The City or the SMCRA shall default in the performance of or compliance with any term or covenant contained in the Loan Documents, other than a term or covenant a default in the performance of which or noncompliance with which is dealt with in Section 10.1(a) or (c) through (h) hereof, which default or non - compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the City and the SMCRA by the Bank; or (ii) the Bank is notified of such noncompliance or should have been so notified pursuant to the provisions of Sections 4.1(b) or 5.1(b) of this Agreement, whichever is earlier; or (c) Any representation or warranty made in writing by or on behalf of the City in any Loan Document shall prove to have been false or incorrect in any material respect on the date made or reaffirmed; or (d) The City or the SMCRA admits in writing its inability; to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself; or (e) The City or the SMCRA is adjudged; insolvent by a court of 'competent jurisdiction, or it is adjudged a bankrupt on a petition in bankruptcy filed by or against the City or the SMCRA, or an order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the City or the SMCRA, as applicable, a receiver or trustee of the City or the SMCRA or of the whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or (f) The City or the SMCRA shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of the UnitedStates of America or the State of Florida; or (g) The City or the SMCRA shall default in the due and punctual; payment or performance of covenants under any obligation for the payment of money to the Bank or any other subsidiary or affiliate of the Bank; or (h) A judgment or order shall be rendered against the City or the SMCRA for the payment of money in excess of $100,000 which is not covered by insurance and such judgment or order shall continue unsatisfied or unstayed for a period of more than 30 days. Section 10.2 Effect of Event of Default. Except as otherwise provided in the Note, immediately and without notice, upon the occurrence of any Event of Default, the Bank may declare all obligations of the City and the SMCRA under the Loan Documents to be immediately due and payable without further action of any kind and upon such declaration the Note and the interest accrued thereon shall become immediately due and payable. In addition, and regardless whether such declaration is or is not made, the Bank may also seek enforcement of and exercise all remedies available to it under this Agreement, the Note Ordinance, the SMCRA Loan Resolution, the Act and any other applicable law. Should the City or the SMCRA default in any obligation created by this Agreement or the Note, the Bank may, in addition to any other remedies set forth in this Agreement or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of 21 IM1490904_1 } competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted or contained in this Agreement, and may enforce and compel the performance of all duties required by this Agreement or by any applicable statutes to be performed by the City or by any officer thereof. ARTICLE XI MISCELLANEOUS Section 11.1 No Waiver; Cumulative Remedies. No failure or delay on the part of the Bank in exercising any right, power„ remedy hereunder, or under the Note or other Loan Documents shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or .partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy hereunder or thereunder. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law or in equity. Section 11.2 Amendments, Chanes or Modifications to the Agreement. This Agreement shall not be amended, changed or modified except by written' instrument between the Bank, the City and the SMCRA. The City and the SMCRA, jointly and severally, agree to pay all of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at the City's or the SMCRA's request or behest. . Section 11.3 _ Counterparts. ' This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and,.in making proof of this Agreement; it shall not be necessary to produce or account for more than one such counterpart. Section 11.4 Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any other provisions or sections hereof, and' this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been- contained herein. Section 11.5' Term of Agreement. Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the City and the SMCRA in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section 11.6 Notices. All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic- telephone line facsimile transmission or other similar electronic or digital {M1490904_1 } 22 r � , transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common carrier, service; and five days after it is sent, if mailed, certified mail, return receipt requested, postage prepaid. In each case notice shall be sent to: If to the City: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Fax Number 305 - 663 -6345 If to the SMCRA: Executive Director City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Fax Number: 305- 663 -6345 If to the Bank SunTrust Bank 777 Brickell Avenue, 4t' Floor Miami, Florida 33131 Attention: Institutional and Governmental Banking Fax Number: 305 -579 -7133 or to such other address as either parry may have specified in writing to the other using the procedures specified above in this Section 11.6. Section 11.7 Applicable Law. This Agreement, and each of the Loan Documents and transactions contemplated herein, shall be construed pursuant to and governed by the substantive laws of the State: Section 11.8 Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties: The City and the SMCRA shall have no rights to assign any of their rights or obligations hereunder without the prior written consent of the Bank. Section 11.9 Conflict. In the event any conflict arises between the terms of this Agreement and the terms of any other Loan Document, the terms of this Agreement shall govern in all instances of such conflict. Section 11.10 No Third Party Beneficiaries. It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 11.11 Attorneys Fees. To the extent legally permissible, the City and the Bank agree that in any suit, action or proceeding brought in connection with this Agreement; the Note, or the Note Ordinance (including any appeal(s)), the prevailing party shall be entitled to recover costs and attorneys' fees from the other party. 23 {M1490904_1 } Section 11.12 Entire Agreement. < Except as otherwise expressly provided, this Agreement and the other Loan Documents embody the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. Section 11.13 Further Assurances. The parties to this Agreement will execute and deliver, or cause to be executed and 'delivered, such additional or further documents, agreements or instruments and shall, cooperate with one another in all respects for the purpose of carrying out the transactions contemplated by this Agreement. Section 11.14 Waiver of Jury Trial ` THE CITY, THE SMCRA AND THE BANK IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CONTROVERSY OR CLAIM BETWEEN THEM, WHETHER ARISING IN CONTRACT, TORT OR BY STATUTE, THAT ARISES' OUT OF OR RELATES TO THIS AGREEMENT, THE NOTE OR THE NOTE ORDINANCE. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE CITY AND THE BANK ' TO ENTER INTO THIS AGREEMENT. [Remainder of page intentionally left blank] 24 {MI490904_1 } IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between them as of the date of first set forth above. CITY OF SOUTH MIAMI, FLORIDA By: Title: City Manager CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Title: Executive Director SUNTRUST BANK By: Title: Vice President zs {M1490904_1 } M . .t4�F`7111" - -� R n EXHIBIT A May _, 2006 $1,465,000 CITY OF SOUTH MIAMI, FLORIDA COMMUNITY REDEVELOPMENT NOTE, SERIES 2006 KNOW ALL MEN BY THESE PRESENTS that the City of South Miami, Florida (the "City "), a municipal corporation created and existing' pursuant to the Constitution and the laws of the State of Florida, for value received,, promises to pay from the sources hereinafter provided, to the order of SunTrust Bank, or registered assigns (hereinafter, the "Bank" or the "Holder "), the principal sum of $1,465,000, together with interest on the 'principal balance outstanding of the rate of 4.83% per annum. (subject to adjustment as hereinafter provided), based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note are payable in lawful money of the United States of America at such place as the Bank may designate to the City. For purposes of this Note, the following definitions shall apply: (1) "Code" means the Internal Revenue Code of 1986, as amended; (2) "Cost of Funds" means 100 multiplied by a fraction, the numerator of which is equal; to the total interest expense of SunTrust Bank for its immediately preceding tax year and the denominator of which is equal to the average total assets of SunTrust Bank for such tax year, but not to exceed the cost of Fed Funds. (3) "Fully Taxable Equivalent" means the rate of interest on the Note multiplied by 1.5084, expressed as a number and not as a percentage: (4) "Maximum Corporate Tax Rate" means the maximum Federal income tax rate applicable to corporations, presently 35 %. (5) "Preference Reduction Rate" means the percentage reduction to be applied to the amount allowable as a deduction under Chapter I of the Code with respect to any financial institution preference item (as such term is defined in Section 291(e) of the Code), presently 20% o. If this Note is not or ceases to be a "qualified tax- exempt obligation" as defined in Section 265(b) of the Code, the Preference Reduction Rate shall be deemed to increase from twenty percent (20% o) to one hundred percent (100 %). (6) "TEFRA Adjustment" means an adjustment equal to the product of the Cost of Funds multiplied by the applicable Maximum Corporate Tax Rate multiplied by the applicable Preference Reduction Rate. A-1 tM1490904_1 } If for any reason the interest on this Note becomes includable in the gross income of the holder of this Note for Federal income tax purposes (an "Event of Taxability "), this Note shall bear interest from the earliest, effective date of such Event of Taxability at a rate per annum equal to the interest rate otherwise borne by this Note multiplied by 1.5084. In addition to the foregoing, the City shall pay any additions to tax, penalties and interest, and any arrears in interest imposed upon the holder of this Note on account of an Event of Taxability. All such additional interest, additions to tax and penalties shall be paid on the next succeeding Payment Date following the date the holder was advised of such Event of Taxability. No Event of Taxability shall be deemed to occur unless the City has been given timely written notice of such occurrence by the Holder of this Note and, to the extent permitted by law, an opportunity to participate in and seek, at the City's own expense, a final administrative determination by the Internal Revenue Service or determination by a court of competent jurisdiction (from which no further right of appeal exists) as to the occurrence of such Event of Taxability; provided that the City, at its own expense, delivers to the holder of this Note an opinion of bond counsel acceptable to such holder to the effect that such appeal or action for judicial or administrative review is not without merit and there is a reasonable possibility that the judgment, order, ruling or decision from which such appeal or action for judicial or administrative review is taken will be reversed, vacated or otherwise set aside. The interest rate borne by this Note shall also be adjusted automatically as of the effective date of any change in the Maximum Corporate Tax Rate or in the Preference Reduction Rate, to the product obtained by multiplying the rate of interest on the Note by a fraction, the numerator of which is equal to the sum of (i) the product of the Fully Taxable Equivalent times 1 minus the Maximum Corporate Tax Rate in effect as of the date of adjustment, plus' (ii) the TEFRA Adjustment in effect as of the date of adjustment, and the denominator of which is equal to the sum of (i) the product of the Fully Taxable Equivalent times 0.65, plus (ii) the TEFRA Adjustment in effect on the date of closing of the Note. A certificate of the Holder as to any such additional amount or amounts, in the absence of manifest error, shall be final and conclusive. In determining such amount, the Holder may use any reasonable averaging and attribution methods. The principal on this Note shall be due and payable on February 1 May 1, August l and November of each year (each, a "Note Payment Date "), beginning August 1, 2006, through and including May 1 2021 (the "Maturity Date "), in the amounts set forth on the payment schedule attached hereto. Interest on this Note shall be due and payable on each Note Payment Date beginning on ; August 1, 2006 until the Maturity Date. The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date. All payments by the City pursuant to this Note shall apply first to accrued' interest, then to other charges due the Bank, and the balance thereof shall apply to the principal sum due. The principal of and interest on this Note may be prepaid at the option of the City in whole or in part ' at any time at a price of par plus accrued interest to the date of prepayment, (M1490904-11 A -2 ,, upon written'notice to the Bank given by the City at least five (5) days prior to the date fixed for prepayment. Partial prepayments shall be applied to Note Payment Dates in the inverse order of their maturity and shall not lower the amounts, or postpone the due dates, of any installments of principal and interest due hereunder. Interest at the lesser of 12% per annum or the maximum lawful rate per annum shall be payable on the entire principal balance owing hereunder from and after the occurrence of and during the continuation of an Event of Default under the Loan Agreement, irrespective of a declaration of maturity. The City to the extent permitted by law hereby waives presentment, demand, protest and notice of dishonor. This Note is issued pursuant to an Ordinance duly adopted by the City on April 18, 2006, as from time to time amended and supplemented (herein referred to as the "Ordinance "), and a Loan Agreement, dated of even date herewith, between the City, the City of South Miami' Community Redevelopment Agency and the Bank (the "Loan Agreement ") and is subject to all the terms and conditions of the Loan Agreement. All terms, conditions and provisions of the Loan Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement. The' City has covenanted and agreed in the Loan Agreement to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each Fiscal Year, amounts sufficient to pay the principal and interest due on the Note in accordance with its terms during such Fiscal Year. "Non -Ad Valorem Revenues" means all revenues of the City derived from any source other than ad valorem taxation on real or personal property which the City, derived from any source other than ad valorem taxation on real or personal property which are legally available to make the payments required under the Loan Agreement; but only after provision has been made by the City for the payment of all essential or legally mandated services. Such covenant and agreement on the part of the City to budget and appropriate such amounts ° of Non -Ad Valorem Revenues 'shall be cumulative to the extent not paid,, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the City, the City does not covenant to maintain any services or programs, now provided or maintained by the City, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the City from pledging in the future its Non -Ad Valorem Revenues, nor does it require the City to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Note Holder a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the City. Such covenant to appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereafter entered into (including the A -3 (M1490904-11 payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated in the Loan Agreement shall have the effect of making available in the manner described herein Non. - Ad Valorem Revenues and placing on the City a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under the Loan Agreement, subject, however, in all respects to the terms of the Loan Agreement and the restrictions of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each Fiscal Year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services and programs which are for essential public purposes affecting the health; welfare and safety of the inhabitants of the City or which are legally mandated by applicable law. Reference is hereby made to the Loan Agreement for the provisions, among others, relating to the terms, lien and security of the Note, the custody and application of the proceeds of the Note, the rights and remedies of the Holder of the Note, and the extent of and limitations on the City's rights, duties and obligations, to all of which provisions the Holder hereof for himself and his successors in interest assents by acceptance of this Note. THIS NOTE SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE CITY, OR A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION, THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL, LEGISLATIVE OR CHARTER PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE HOLDER OF THIS NOTE THAT SUCH HOLDER SHALL NEVER HAVE THE RIGHT, DIRECTLY' OR INDIRECTLY, TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE CITY OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF FLORIDA OR TAXATION IN ANY FORM ON ANY REAL OR PERSONAL PROPERTY FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE OR FOR THE PAYMENT OF ANY OTHER AMOUNTS PROVIDED FOR IN THE LOAN AGREEMENT. It is further agreed between the City and the Holder of this Note that neither the members of the Governing Body of the City nor any person executing the Note shall be liable personally on the Note by reason of its issuance'. This Note may be exchanged or transferred by the Bank hereof but only upon the registration books maintained by the City and in the manner provided in the Loan Agreement. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been performed in due time,; form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of South Miami, Florida has caused this Note to be executed in its name by the manual signature of its City Manager, and attested by the manual A4 tM1490904_1 } signature of its Clerk and its corporate seal or a facsimile 'thereof affixed hereto, all as of this 20th day of April, 2006. CITY OF SOUTH MIAMI, FLORIDA By: Title: City Manager [SEAL] ATTEST: By: Clerk Pursuant to Resolution No. adopted by the Board of Commissioners of the South Miami Community Redevelopment 'Agency (the "SMCRA ") on April 10, 2006, the SMCRA has executed the Loan Agreement and hereby guarantees all payments due under this Note, effective from and after the date on which the Board of County Commissioners of Miami -Dade County gives the approval required by Section 3.6 of the Loan Agreement. CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Title: Executive Director [SEAL] ATTEST: By: Secretary A -s IM1490904 11 FORM OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Note in the books kept by the City for the registration thereof, with full power - of substitution in the premises. Date: NOTICE: The signature of this SOCIAL SECURITY NUMBER OR assignment must correspond with the FEDERAL IDENTIFICATION name as it appears upon the within Note NUMBER OF ASSIGNEE in every particulate, or any change whatever. [Form of Abbreviations] The following abbreviations, when used in the inscription on the face of the within Note, shall be construed as though they were written out in full according to the applicable laws or regulations. TEN COM - as tenants in common' TEN ENT - as tenants by the entireties JT TEN as joint tenants with the right of 'survivorship and not as tenants in common UNIFORM TRANS MIN ACT - Custodian for (Cust.) (Minor) under< Uniform Transfers to Minors Act of (State). Additional abbreviations may also be used though not in the above list. Name and address of assignee for payment and notice purposes Notice: Payment: Date: Assignee: By: Title: A -6 f M 1490904_1 } EXHIBIT 2 BACKGROUND INFORMATION - MADISON SQUARE One of the goals identified in the SMCRA's Amended Plan is the development of the Madison Square Project. The vision for Madison Square is nearly complete and includes a proposed mixed -use development intended to create an anchor for the north end of Church Street and stimulus for further revitalization efforts in the area. Dating back to 1994, Madison Square was identified for future redevelopment in the South Miami Hometown Area 2 Community Charrette Plan (See Exhibit 2A). The Hometown 2 Plan goes on to describe the benefits of developing Madison Square as: • Boosting the neighborhood's self image; • Fostering investor confidence in a blighted area; • Creating Jobs; • Fostering Small Business; • Improving the tax base; • Reducing security concerns; In December 2001, the SMCRA commissioned a multi - family community workshop and housing study which identified Madison Square` as an incredible opportunity to create a mixed -use anchor for Church Street which would contain both commercial and residential uses (See Exhibit 213). In 2002 Ball State University Architectural Department volunteered to study the Madison Square development concept. The result of the Ball State analysis is a color depiction of Madison Square as a mixed -use community facility (See Exhibit 2C). i In 2004 South Miami's Community Action Agency sought the services of the Miami- Dade Office of Community and Economic Development to design Madison' Square based on input from the community. The resulting design contains a three -story j structure containing second and third story residential uses to support ground floor commercial and office uses (See Exhibit 2D). i i i EXHIBIT 2A "HOMETOWN .THE PLAN 11 AREA 2 Detailing Additional Neighborhoods in SOUTH MIAMI, FLORIDA Dover, Kohl & Partners, Urban Design with Judson & Partners Holland & Knight Peter M. Fernandez, PE November 11, 1994 o � w o C4 t E o o � o o any Q, F o w o �� • .r ff ;� CA- w • • obi co o� v qY �i v 0 Contributors 10 This report was funded by the City of South Miami Community Redevelopment Agency. Special ,thanks to South Miami Community; Redevelopment Agency Julio Robaina, Chair and Mayor of the City of South Miami Horace G. Feliu, Vice - Chairman David D. Bethel, Commissioner James Bowman, Commissioner Charette Plummer, Past Commissioner Marie Birts- Cooper, Commissioner Mary Scott Russell, Commissioner Randy G. Wiscombe, Commissioner South Miami CRAAdvisory Board Lee Perry, Chairman Rita Llado, Vice -Chair Charles J. Foschini a Marshall Hannah William David Tucker, Sr. Charles Scurr, Executive Director Greg Oravec, SMCRA Director Richard Lorber, Director of Planning and Zoning James McCants, Community Outreach Coordinator Jon Dellagloria, SMCRA Legal Counsel South Miami residents and workshop participants Mark Buchbinder Irene Socada, Leonie Hermanti Barbara Bivens Jean L. Scott -� DominiqueAstree WillieLitmon Lourdes Cabrera Daisy Harrell Sheryl Larkin James Harris Armoando Cazo Lissette Calderon Charles B. Cliniskie - Otis Griffin' Claire Raley Worrell C. Troup Brad Nojaim Willie Garrett Dan McCrea Alberto Milo Jr, AiElias David Stukesky Manuela Janak Hector Cupo Lena Flanders Bobbie Mumford Greg Feldman Sam Callaway Michael I'rentis Beatrice Phillips Charrette Plummer Michael Getz DexGeClarington -Gooch Rev. David Walker Lucile Rambo Carlos Toledo SarahAbraham Dorolyn Dean James Mack: Victor Dover Terri Vickers Marisol Tatnamison RufusJones Michael Christie Nancy Cobb Adrian Ellis Bessie Jones Joan Tyler Mildred Mitchell JuanitaSimmons Captain Buckman Alice Harris ` MichaelAilla JoAnne Stuky Tony White Subrata Basu Victoria Freeman Pinky Sands allr�. n_ EXHIBIT 2C I 1VIADISON SQUARE TO 6 BALL �b .. a 4 ,R UNIVERSITY - 2002 STATE . . yr ^,� p "- ,.- ,- ..r`.,.- c-- s°�'°+- r ---� -, :�. �--- '-- '— .-- �.— nx -'�-s , �, .'�":.'.�",t:'�'. -e-�., ice• "", r,, �°';� t.. . *fi;.� _ ,-.' �.c°'� =;- �"`?�,?.',�'j, ^fl?"; ,.'4' -= _ O E EXHIBIT 3 LAND ACQUISITION - MADISON SQUARE' There are a combined total of twenty properties that comprise Madison Square East and Madison Square West. The 'approximate square footage of Madison Square East is 22,750' sq. ft. and the approximate square footage' of Madison Square West is 54,355 sq. ft. On April 11, 2005, the Board authorized the Executive Director to obtain appraisals and negotiate the purchase of properties required to develop the Madison Square Project. Of the twenty properties comprising the site, the SMCRA currently owns' five properties and is under contract to purchase an additional five properties (See Exhibit 3A and 313). Purchase offers have also been made on additional properties. The SMCRA is now the majority landholder on the proposed project site'. Based on the negotiated sale price` for properties currently under contract, the percentage increase over appraised value is 26.2 %. In applying this percentage to the remaining properties, the resulting total cost to complete acquisition of Madison Square East and West is $2,64,0,048 (See Exhibit 3C). This figure includes the $1,465,000 required to purchase the five properties currently under contract: EXHIBITS 3A, 3B N N 93 cu W N LJ O n aEl L I 2. Q INr.. v N? D N r 1 W cu y c.r Q 4 S£ ^' S cu �� N. i � o 0 �N N Q Q N' M Q W D W W °' M cif V N� C0� iL� <J/�Q.7. �N �D 2 v� N 'Id 69 'M'SN N W o0 0 0 0 0 0 0° 0 t J Q _ Fbo.-. NN to S M 09 A'S N N 93 cu N W N LJ O n aEl L I 2. Q INr.. v N? D N r : o a y 4 S£ ^' S N e@ N O O L I 2. Q INr.. v N? D N r : o 3 un W a lu d f W M 6 I! W a z. a z a S : N i -JAV 09 M-5 u y cu �� N. o 0 �N N Q Q N' M Q Nx cif I! W a z. a z a S : N i -JAV 09 M-5 u EXHIBIT 3C room 6411 SW 59th Place - 09- 4025 - 010 -0290 (Franklin Sub PB 5 -34 North 1/2 of Lot 28, (1) Blk 5) 2750 NR $8,000 Vacant Land 6415 SW 59th Place 09- 4025- 010 -0300 (Franklin Sub PB 5- 34South 1/2 of Lot 28 (2) Bik 5) 2750 NR $38,500 Vacant Land *6433 SW 59th Place (Miller Appraisal) 09- 4025 =010 -0320 (Franklin Sub PB 5 -34 (3) Lot 30, 'Blk 5) 5500 NR $450,000 Vacant Land *6429 SW 59th Place 09- 4025 -010 -0310 see Combined (Franklin Sub PB 5 -34 Lot 29 BLK 5) 09. Purchase Price 4025 - 010 -0320 (Franklin Sub PB 5 -34 Lot Listed Above For Properties 3 and 4 Improved (4) 30 BLK 5) 5500 NR Property *6415 SW 60th Avenue 09 -4026- 010 -0030 (Franklin Sub PB 5 -34 Lot 2 Less W2.5 Ft Improved (5) BLK 1) 5875 NR $285,000 Property *6443 SW 60th Avenue (Appraisal Group) 09- 4025- 010 -0050 (Franklin Sub PB 5 -34 Improved (6) Lot 4 Less W2.5 Ft For R/WBLK 1') 5875 RM -24 $730,000 Property *6442 SW 59th Place 09- 4025 - 010.0180 see Combined Franklin Sub PB 5 -34 Lot 17 Less E27.5 (Franklin Purchase Price Listed For Properties Improved p (7) Ft. BLK'3 4625 NR 6 and 7 Property 6420 SW 59th Place (Miller Appraisal) 09 -4025- 010 -0160 (Franklin Sub PB' 5 -34 (8) South 1/2 Lot 15 Less R/W BLK'3) 2203 NR $30,800 Vacant Land 59th Place Between 64th Street and 66th Street 09 -4025. 010 -0181 (Franklin Sub PB 5- 34'Parc 20 -19 AKA E 27.5 Ft. of Lot 17 (9) BLK 3) 1375 NR $19,0001 Vacant Land SW 59th `Place Between 64th Street and 66th Street 094025- 010 -0191 (Franklin Sub PB 5 -34 Parc 20 -19 AKA E 27.5 Ft. of Lot 18 (10) BLK 3) 1375 NR $19,000 Vacant Land West Side of 59th Place 094025- 010 -0170 (Franklin Sub PB 5 -34 Lo 16 Less RIW BLK (11 ) 3) (100' South of SW 64th Street) 4628 NR $64,800 Vacant Land - 6457 SW 60th Avenue 09- 4025 - 010 -0060 , (Franklin Sub PB 5 -34 Lot 5 Less W 2.5 Ft. Improved (12) BLK 1) 5875 RS -4 $200,000 Property 6429 SW 60th Avenue 09 -4025- 010 -0040 (Franklin Sub PB 5 -34 Lot 3'Less 2.5 Ft. "for Improved (13) RIW BLK 1) 5875 NR $320,000 Property 6412 SW 59th Place 09- 4025- 010 -0150 (Franklin Sub PB 5 -34 N 112 of Lot & Port of Lot 14 Desc Beg 35 FTE & 20 FTs of NW Cor of Lot 14 TH E 15.6 FT. Sely AD 42.44 Improved 04) FT. W 42.93 Ft N30 FT. To POB BLK 3) 3143 NR $135,000 Property 6450 SW 59th Place 09- 4025- 010 -0190 (Franklin Sub PB 5 -34 Lot 18 Less E27.50 Improved (15) Ft BLK 3) 4625 NR $96,000 Property * Properties currently under contract to be purchased by the SMCRA. Ell 1 `1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida a 5 STATE OF FLORIDA r COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared .` Wt O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business , CITY OF gOUTN MIAMI Review f /k/a Miami Review, a daily (except Saturday, Sunday NOTICE OF PUBLIC HEARING and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE;IS HEREBY given thatthe C , Commlss!on of the City of south- Miami Florida will conduci a Public HeAring at its regular City Commis sion meeting scheduled for Tuesday ivlay 2, 2006 beginning at 730 p m.; CITY OF SOUTH MIAMI in the City Commission Chambers 6130 Sunset Drive to consider the° r PUBLIC HEARING FOR MAY 2, 2006 following Item t "' Az in the XXXX Court, AN ORDINANCE OF THE MAYOR ANDJCITY COMMISSION OFTHE'. OTY oF. SOUTH MIAMr FLORIDA: AUTHORIZING _ was published in said newspaper in the issues of THE "CITY MANAGER: TO =EXECUTE k FINANCE. AGREE MENT= WITH' 9UNTAUS1w ANWr_,,WHICH THE CITY OFr 04/21/2006 SOUTH MIAMI SHALL"' CO-SIGN: FOR THE CITY OF SOUTH MIAMI COMMUNITV " REDE ELOPMENT = AGENCY'S SMCRAI' PROVIDING "A 15= YEAF:LOAN FOR'Sf:465000 r' 3WHICHtFUNDING�SHALL 'FINi4NC�THE °P_URCHASEOF Affiant further says that the said Miami Daily Business' = a FIVE PARCEL= S'iliI1THIN'THE. SMCRAMADISON SOUARE Review is a newspaper published of Miami in said Miami Dade _ECONOMIC °'DEVELOPMENT PROJECT•- PROViDINCIFFOR "! County, Florida and that the said newspaper has SEVERABILITY ,4 PROVIDINW FOR ,--r' ORDINANCES IN heretofore been continuously published in said Miami Dade County CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE Florida, each day (except Saturday, Sunday and Legal` Holidays) and has been entered as second class mail matter at the post F kbove items Can be inspected in the Ck Clerk`s Office Monday PH and office in Miami in said Miami -Dade County, Florida, for y tlUnrigrBjUlarOfllCehours period of one year next preceding the first publication of the j. attached copy of advertisement; and affiant further says that he or If you have any inquiries on the above, items please contact the Planning' she has neither paid nor promised any person, firm or corporation j and Zoning office at 305 663 6326 ` any discount, rebate, commission or refund for the purpose f' _ of securing t 's adveni ent for publication in the said ALL interested parties are invited to attend and will be heard _ newspaper Maria M Menendez,CMC n City Clerk Pursuant _to Florida Statutes 286 0105, the City hereby advises the Sworn to and subscribed before me this pubicthat if persorr decides to appea! any decision made by this Board Agency or Commission with respect to any matter considered at? its meeting or�heanng he or she will_need a record oLthe proceedings, 21 IL , A.D. 06 and that, for such purpose affectetl person may need to ensureahat a ;verbatlrir record ot� the, p�oceetlmgs , is made which `record i includes the testimony and, evidence upon which the appeal is to be based r: Q6:3,22/668870M. (SEAL) Maria i. Mesa O.V. FERBEYRE personally know My Commission DD293855 a Expves March 04, 2008 25 'o. i l I 0 Miami -Dade: 305.350 -2222 Car Trouble? Broward:954 524 -2535 Q. Idiitainii�craW® ® a Your new ride is - yrailingfor you in o MiamiBeralitis mlclass10eds y' l t April 27 f Do You Experience Heavy Menstrual Bleeding On 2 To 5 Days Of Your AND RAMBLERS $ Regular Menstrual Period? ,. _ Does Heavy Menstrual Bleeding Keep You From Your Normal Social — And Work Activities? E If you answered yes to these questions you may qualify for a research — study of an irfvestigadisnal drug for heavy menstrual bleeding. This investigational drug Is not a hormone. ? You must: Boot— scootin'Country ' favorites '44 - > Be a generally healthy woman hetween the ages of and 49 heavy bleeding. ry � Haveregularmen strual ,=an with z Not have bleeding disorder wall set your feet a. tappin'! ht any other . y m If ou uall you will receive stud drug and scud related procedures 9 il'Y Y 9 Y a electrocardiograms, eye exams and laboratory r "r'*r s including physical exams, tests at no cost:. You will also receive compensation for your time and travel. THE FALLS ' For more information, please call: U. AND S.W. 136TH STREET 305- 596 -9901 305 -255 -4570 Janet Gersten, M.D. New Age Medical Research Corp.. I �# 8900 SW 117" Avenue Suite 207 -B Sponsored by ,$ t Miami FL 33186 n SOUTH DADS E`_$ , ,,. - Qtr COURTESY NOTICE- CITY OF SOUTH MIAMI, FLORIDA SATURDAY, APRIL 29, 2006, 8:30 a.m. to 4:00 p.m. Rain or shine at the following locations: On Tuesday, May 2, 2006, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City P North Dade Landfill Permanent Home Chemical Permanent Home Chemical Homestead Solid Waste Commission will hold a'... "Public '.Hearing .t0 consider the 21500 N.W 47 Ave : Collection center Collection center . Division of Public works following Item: 8631 N.W. 58 Street 23707 S.W. 97 Ave 548 S.E. 6 Ave 9:00 a.m. to 5:00 p.m. ' Gate B Homestead; PL AN ORDINANCE'' AUTHORIZING THE CITY South Dade Landfill MANAGER TO EXECUTE A FINANCE s:oo a.m. to 5:00 P.M. AGREEMENT WITH SUNTRUST BANK, Improper disposal of oil - based paints, mineral spirits, pool chemicals pesticides, herbicides and other home WHICH SOU THE CITY OF SOUTH MIAMI chemicals can pollute our sensitive South Florida environment. Bring them to our special Home Chemical Collection event. Well dispose of or recycle up to 50 pounds of home chemicals for you, safely and free of SHALL CO-SIGN FOR THE OF SOUTH charge if you are anon - commercial resident of Miami -Dade County. MIAMI COMMUNITY REDEVELOPMENT Keep the products in their original containers and label them: AGENCY'S SMCRA ; PROVIDING ) A Make sure the lids are on tight; If the containers are leaking, pack them in a larger container along with an 15 -YEAR LOAN FOR ` $1,465,000 absorbent material such as newspaper. WHICH FUNDING SHALL FINANCE THE Place all containers in sturdy boxes and keep (hem away from passengers. PURCHASE OF FIVE PARCELS WITHIN We do not accept explosives, radioactive or infectious wastes. m THE SMCRA MADISON SQUARE Latex paints can be disposed of with your regular garbage as long as the paint Is n= y ECONOMIC DEVELOPMENT PROJECT." Completely dried -out. To speedup the drying process add an absorbent such p as sand, kitty lifter or crumbled newspaper; that completely absorbs all Planning quids. ° Inquirles concerning this Item should be directed to the and at: We accept used electronics such as computer monitors, televisions, personal v r v Zoning office - 305- 663 -6326 computers, keyboards, hard drives, printers, VCRs, audio and video equipment ALL Interested parties are invited to attend and will be heard. cellular phones and hand-held radios. These items will be recycled. Maria M. Menendez, CMC ,fnnrau E D<ln r.: ueal4,rr< Lrr D2,t City Clerk Pursuant to Florida Statutes 206.0105, the Ctty hereby advises the public that if a person decides to For more information on home chemical management, contact the 9 appeal any decision. made hY this Board, Agency or an sspn with fespect to any matter crosidered at its reefing ar headng, hear she wlii need a record o11he pmceedmgs, and that for Oepartmenf's.CUStomerScrvice Unit at 305 - 594 -1500 or visit our web site at such purpose, affected person may need to ensure that a: verbatim record of the proceedings Is made which record Includes the testimony and evidence upon which the appeal is to be based. WWIN.mlamlda0e. OV /dSWm " g SoUry South Miami o AII•AmedeaCity 3 " CITY OF SOUTH MIAMI CcoRtAoP OFFICE OF THE CITY MANAGER � , 927 � INTER- OFFICE MEMORANDUM 2 001 To: The Honorable Mayor Feliu and Members of the City Commission From: Commissioner Jay Beckman Date: May 2, 2006 Agenda Item No.: Subject: Miami -Dade County's Proposed Traffic Circle for the intersection of SW 64th Street & °SW 67th Avenue Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING MIAMI -DADE COUNTY'S RECOMMENDATION TO INSTALL A ROUNDABOUT AT THE INTERSECTION` OF SW 64TH STREET & SW 67TH AVENUE; PROVIDING AN EFFECTIVE DATE Request: Accepting Miami -Dade County's recommendation to install a roundabout at the intersection of SW 64th Street & SW 67th Avenue. Reason /Need: To provide much needed traffic calming along SW 64th Street & SW 67th Avenue corridors. Cost: No cost for design and construction of the roundabout. However, the County is asking the City to provide and maintain landscaping and irrigation in the proposed circle. Funding Source: Not Applicable. Backup Documentation: Proposed Resolution LJ Conceptual design of the proposed circle. M' 1 RESOLUTION No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, ACCEPTING MIAMI -DADE COUNTY'S 5 RECOMMENDATION TO INSTALL A ROUNDABOUT AT THE INTERSECTION OF 6 SW 64TH STREET & SW 67TH AVENUE; PROVIDING AN EFFECTIVE DATE 7 8 WHEREAS; the Mayor and City Commission wishes to provide traffic calming at the intersection 9 of SW 64th Street & SW 67th Avenue; and 10 11 WHEREAS, the Mayor and City Commission accepts the recommendation of the County to 12 install a roundabout at the intersection of SW 64th Street & SW 67th Avenue and ask' the County to 13 proceed with final engineering design and construction: and 14 15 WHEREAS,: the Mayor and City Commission authorize the City; Manager to work with Miami- 16 Dade County on whatever steps it takes to accomplish the project. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 20 21 Section 1: That the City accepts the recommendation of the County to install a roundabout at 22 the intersection of SW 64th Street & SW; 67th Avenue and ask the County to proceed with ,final 23 engineering design and construction. 24 25 Section 2: That the Mayor and City Commission authorize the City Manager to work with 26 Miami -Dade County on whatever steps it takes to accomplish the project. 27 28 Section 3: This resolution shall take effect immediately upon approval 29 30 PASSED AND ADOPTED this day of 2006. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 38 39 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 40 Mayor Feliu: 41 Vice Mayor Wiscombe: 42 Commissioner Palmer: 43 CITY ATTORNEY Commissioner Birts: 44 Commissioner Beckman: 45 467 48 49 50 51 52 53 54 1 RESOLUTION NO. 2 3 A - RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO BOARDS AND COMMITTEES; 6 APPOINTING . BRADLEY CASSEL TO SERVE ON THE 7 PENSION BOARD FOR A TWO YEAR TERM "ENDING 8 " APRIL 17, 2008; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, The Mayor and Commission recognize the important contributions 11 made by those who serve on the various city boards and committees, and wish to appoint a 12 full complement to each of the active boards and committees; and 13 14 WHEREAS, The City Commission desires to appoint Bradley Cassell to serve for 15 a two year term on the Pension Board. Appointment shall expire April 17, 2008 or until a 16 successor is duly appointed and qualified. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 20 21 Section 1. The City Commission hereby appoints Bradley Cassell to the 22 Pension Board. 23 24 Section 2. The expiration date of this appointment shall be April 17, 2008 or 25 until a successor is duly appointed and qualified. 26 27 Section 3. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED THIS 2ND DAY OF MAY, 2006 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 3$ COMMISSION VOTE: 37 Mayor Feliu; 38 Vice Mayor Wiscombe: 39 Commissioner' Palmer: 40 Commissioner Birts 41 Commissioner' Beckman: 42 READ AND APPROVED AS TO FORM: 43 44 45 CITY ATTORNEY APR -28 -2006 01:18 AM; P.01 F 1 o. 'r 1 4 ' 2901 CITY OF SOUTH M/AML BOARDICOUNIME APPLICATION 6130 Sunset Drive Phone No. 305 -663 -6340 South Miami FL 33143 Fax No. 305- 663 -6348 1. Name: BradleyCassel (Please print) 2. Home Address: 6 790 SW 76"' Terrace, South Miami, FL 33143 3. Business Address: 4. Homel, Phone No. _ 305- 667 -0441 Business Phone No. 305- 815 -2942 -- � Fax No 5. E -mail Address: bwcassel @belisiouth.net 6. Education/Degree Earned: BA Florida International University 2006 Pertinent Experience: _15 years working in the investment banking industry At various times I served as a member of the board of directors of'5 NASDAQ listed companies Field Expertise: 7. Community Service: Miami Dade Water and Sewer Board 1978 -1984 8. Are you a registered voter? Yes X_ No 9. Are you a resident of the City? Yes X No 10. Do you have a business in the City? Yes No —X- 11. Ethnic Orrin? White Non-Hispanic–X— African American _ Hispanic American_ Other 12. I am interested in serving; on the following boards) /committee(s): Pension Board Second choice First choice Third choice Fourt choice l Signature Date — I :: Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR' r Revised 4/06 E fi j ti So u r9 South Miami AHmexfcaCity INCORPORATED CITY OF SOUTH MIAMI o 27 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 1-9 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, Acting City Manager From: Don O'Donniley, Planning Director Date: May 2, 2006 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1), (.>), (K), (L), (M) and (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR A REPEALER PROVISION AND A SEVERABLITY CLAUSE; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. Request: The current legislation is a different draft than what the City Commission reviewed during the previous administration. When that legislation was presented to the City Commission on March 7, 2006 it was discovered that a different draft, an amendment to the City Code, had been prepared by Vice Mayor Wiscombe and the City Attorney. The Commission deferred action at that time and requested the Planning Board to consider the draft prepared by the City Attorney. The Planning Department reviewed the prepared draft and determined that it was superior to the earlier draft. The staff has taken the City Attorney's draft and supplemented it with provisions from the previously reviewed legislation. In addition, -staff added some revisions _necessary to make the legislation a Land Development Code amendment. Language was added to clarify the 'permit review process and the appeal' section. The Planning Board at its April 11, 2006 meeting adopted 'a motion by a vote of 5 ayes 0 nays recommending approval of the City Attorney's draft with a'number of modifications. The Planning Department has some concerns with certain provisions included in the Planning Board's draft. These concerns are set forth in Attachment "A" (pp. 1-3). Recommendation: It is recommended that the attached ordinance be amended as suggested by Planning Department in Attachment "A" and then adopted on first reading. Backup Documentation: Planning.Board Ordinance Attachment "A" Planning Board Staff Report 4 -11 -06 City Attorney's original draft ordinance (City Code amendment) Public Notices DOD /SAYE: (Comm Items12006U- 2 -MLDC Tree CM Cover report:doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT 5 CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE 6 SECTIONS 20 -4.5 (H), (I), (.I), (K), (L), (M) and (N) FROM ARTICLE IV, 7 SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN 8 ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 ENTITLED TREE 9 PROTECTION; CONTAINING INTENT, DEFINITIONS AND 10 APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT 11 APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR 12 REMOVAL; PROVIDING FOR 'TREE MITIGATION AND PROTECTION, 13 APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING 14 FOR A - REPEALER PROVISION AND ' A SEVERABLITY CLAUSE; 15 ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE 16 DATE. 17 18 WHEREAS, the City Commission has directed the City Attorney to update and 19 strengthen the current provisions in the Land Development Code pertaining to tree protection; and 20 21 WHEREAS, revised regulations based upon the most up to date national standards have 22 been prepared by the Administration; and 23 24 WHEREAS, the Planning Board at its April 11, 2006 meeting adopted a motion by a 25 vote of 5 ayes 0 nays, recommending approval of the revised regulations; and 26 27 WHEREAS, the Mayor and City Commission desire to accept the recommendation of 28 the Planning Board and enact the aforesaid amendment 29 30 NOW, THEREFORE BE IT ORDAINED, BY THE MAYOR AND THE CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. Sections 20 -4.5 (H), (I), (J), (K), (L), (M) and (N) of the South Miami Land 34 Development Code pertaining to Tree Removal and Tree Removal Permits are hereby removed 35 in their entirety and the title of Section 20 -4.5 is revised to read as follows: 36 37 SECTION 20 -4.5 Landscaping ,.na rr,.. D��`��; .� for All Zoning` Districts 38 39 Section 2. The South Miami Land Development Code is hereby amended by adding a 40 new Section as follows: 41 42 SECTION 20 -4.11 TREE PROTECTION FOR ALL ZONING DISTRICTS 43 (A) Intent and Purpose. 44 45 (1)The intent of this section is to protect, preserve and restore the tree canopy within the City by Page 1 . t . .._. 1 regulating the removal, relocation and trimming of trees. 2 3 (2)The purpose of this section is to assure that the design and construction of all 4 development activity is executed in a manner consistent with the preservation of existing 5 trees to the greatest extent possible. 6 (B) Definitions. 7 For the purposes of this chapter, the following definitions shall apply: 8 Applicant: A person who is the owner, authorized agent of the owner, or lessee of a 9 property under a written lease and who is authorized to apply fora building permit. 10 Abborist. Certified: One who is well - versed in the art of arboriculture including tree 1 i surgery, the prevention and cure of tree diseases, and the control of insects, and who 12 has International Society of Arboriculture (ISA) Arborist Certification. 13 14 Branch Collar: Trunk tissue that forms around the base of a branch. 15 Caliper: See definition under Sec. 20- 4.5(A) 16 Controlled Tree Species: Those tree species that tend to become nuisances because of 17 their ability to invade proximal >native slant communities or native inhabitants but 18 which if located and cultivated properly, may be useful or functions as elements of 19 landscape design. This article incorporates by reference the Miami -Dade County 20 Landscape Manual listing of controlled tree species. 21 22 Crown: The upper branches of the tree canopy. 23 24 Crown Width The width of the crown at its widest point measured on a plane parallel to 25 the ground. 26 27 Developed property: Property containing a structure which has a valid certificate of 28 occupancy. 29 Diameter DBH : The diameter at breast height of a tree's trunk measured at a height 30 four and one half feet above grade. In the case of multiple -trunk trees, the DBH shall 31 mean the sum of each trunk's diameter measured at a height four and one -half feet 32 above grade. 33 34 Drop- crotch Pruning: A specific type of pruning designed to properly reduce the size of 35 trees with the current national arborist standards, or any subsequent amendments thereto. 36 37 Effectively Destroyed: The cutting, trimming, or damaging of a tree's trunk, branch, or 38 root system to the extent that the tree is no loner viable. 39 40 Equivalent Replacement A tree or trees, which due to condition, size and value, is Page 2 1 determined by the planning department to be equivalent to the tree to be removed. 2 3 Equivalent Value: An amount of money which reflects the replacement cost of a tree, 4 (including transportation, planting and initial maintenance to insure survival) based on its 5 size, condition and location, following the international society of arbors tree evaluation 6 formula and the market value s Exotic Tree Species: A plant species that has been introduced from other regions, and is 9 not native to the region to which it is introduced. 10 11 Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree, This 12 practice is sometimes employed to kill a tree. 13 Grade: The ground level of a subject property, which measures the degree of rise or 14 descent of a sloping surface. 15 Hat racking: The flat cutting of the top of a tree, severing the leader or leaders, or the 16 removal of any branch three inches or greater in diameter at an point other than the 17 branch collar i.e.. that point where the lateral branches meet the main trunk. 18 Landscape Manual: The Miami -Dade County Landscape Manual, latest edition, which 19 is the official landscape manual issued by Miami -Dade County, Florida. The Landscape 20 Manual,, as amended from time to time is adopted by reference by the City and deemed 21 as being incorporated by reference as if set forth herein providing that in the event of an 22 express conflict between the Landscape Manual and this chapter, the latter will prevail. 23 24 Large Tree: A tree with a mature height of 40 feet or more in height, a mature, canopy 25 wider than 22 feet, and a mature root system wider than 15 feet. 26 27 Maintenance and Protection: Includes all operations of; pruning, spraying, injecting, 28 fertilizing, treating, bracing, doing surgery work, cutting above or below the ground. 29 30 Medium Tree: A tree with a mature height of between 26 feet and 39 feet, a mature 31 canopy 32 between 15 feet and 22 feet, and a mature root system between 10 and 15 feet. 33 Mitigation: Those trees that are planted in order to restore tree canopy within the City 34 and to replace existing trees that are authorized to be removed under this section. 35 Native Tree Species: Plant species with geographic distribution indigenous to all or part 36 of Miami -Dade County. Plants which are described as being native to Miami -Dade 37 County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by 38 Long and Laskela, are native plant species within the meaning of this definition. This 39 section incorporates by reference the Miami -Dade County Landscape Manual listing of 40 native tree species. 41 42 Nonviable: See definition under Sec. 20- 4.5(Al 43 Page 3 1 Person: As per the definition set forth in Section 1 -2 of the South Miami City Code. 2 3 Prohibited Tree Species: Those tree species that are detrimental to native plants 4 native wildlife ecosystems, human health and /or safety and welfare. This section 5 - incorporates by reference the Miami -Dade County Landscape Manual listing of prohibited 6 species. 7 8 Protected Tree: A tree with a minimum caliper of four inches in diameter, one foot 9 above the ground of the species Live Oak, Laurel Oak, Gumbo Limbo, Royal Poinciana 10 and Mahogany. Protected trees shall be processed under the same standards as specimen 11 trees. 12 13 Protective Barriers: Barriers that are placed around existing trees to provide 14 protection during construction on a subject property. Refer to the Landscape Manual 15 for alternative tree protection and support details. 16 17 Pruning/Trimming: The selective cutting of tree /plant parts to 'encourage new 18 growth or better flowering: to remove old stems or deadwood; or to shape trees 19 according to ANSI A300 Standards. (American National Standards Institute: Tree Care Operations 20 Manual) 21 22 Public Area: Includes all public ways, parks and other lands owned or leased by the 23 City. 24 25 Public Nuisance: Any tree or shrub or part thereof growing upon private or public 26 property which is determined by the planning department representative to endanger the 27 health, safety and general welfare of the City residents_ 28 29 Public Way: Includes all public streets, roads, boulevards, alleys and sidewalks. 30 31 Roots /Root Systems: The parts of the tree containing the organs that extract water 32 and nutrients from the soil and atmosphere. 33 34 Shade Tree: Any tree with a mature crown width that is at least two- thirds of the tree's 35 mature height. 36 37 Site Plan: A comprehensive plan drawn to scale indicating site elevations, roadways and 38 location of all relevant site improvements including structures parking, other paved areas 39 trails, walkways, ingress and a egress drives, vegetative cover, landscaping and open 40 space. 41 42 Small Tree: A tree with a mature height of 25 feet or smaller, a mature canopy smaller 43 than 15 feet, and a mature root system smaller than 10 feet 44 45 Sound Nursery Practices: The 'various procedures involved in landscape nursery 46 work that are in compliance with the Florida Department of Agriculture and Consumer 47 Services' standards. 48 Page 4 . -nom . v; „ ,...- . _,., ,ie;F,.. v.,. la°"' ,.a. _^", ....., . a*' ' .r., '° r""", u * �"' +T „ FfY?,��,' . ,�', a „< .: t3_.r..��'.' +=f .. , r x�; . „ ;'5 w_ T� ., 4 -. i I Special Master. The Special Master for purposes of this Chapter shall be subject to 2 the procedures set forth in Sec.` 2 -24 and Sec. 2 -25 of the City of South Miami 3 code of ordinances. 4 5 Specimen Tree: A tree with any individual trunk, or if a multiple trunk tree, the sum of 6 the diameter of all trunks, which has a diameter at breast height (DBH) of 18 inches 7 or greater, but not including the following: 8 (a) Non - native fruit trees that are cultivated or grown for the specific purpose 9 of producing edible fruit including, but not limited' to, mangos, avocados 10 or species of citrus; 11 12 (b) All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, 13 which have a minimum' overall height of 15 feet. 14 15 c) All nuisance trees are specifically determined to not be specimen trees 16 17 Spread.• The aerial extent of the branches and foliage of a tree. 18 19 Stems: The main upward axis of a tree, having nodes bearing in- leaves above the 20 round serving to support the tree and to transport and store food materials 21 22 Tree. Any self - supporting perennial plant that has a diameter at breast height (DBH) 23 of two or more inches with a minimum height of 12 feet above grade. 24 25 Tree Abuse: Tree abuse shall include: 26 27 a) Damage inflicted upon any part of a tree, including the root system, by 28 machinery, construction equipment, cambium' layer penetration, storage 29 of materials, soil compaction; excavation, chemical application or spillage or 30 change to the natural grade; 31 b) Hatracking; 32 33 c) Girdling or bark removal of the trunk; 34 35 d) Tears and splitting of limb ends or peeling and stripping of bark resulting 36 from improper proper pruning techniques not in accordance with the current 37 ANSI A300 Standards; or 38 39 e) Excessive root cutting. 40 41 f) Damage inflicted to or cutting upon a tree which permits infection or pest 42" infestation. 43 44 g) Cutting upon any tree which destroys its natural shape. 45 Page 5 1 h) Use of climbing spikes. 2 3 i) Fastening any sign, rope, wire or object by nail, staple, chemical substance, or 4 other adhesive means to, through or around any tree. 5 6 j) Any pruning in violation of the practices established by the National Arborist Association. 8 9 k) Any act that would cause a tree to become nonviable. 10 1 t Tree Removal See definition under Sec. 20- 4.5(A). 12 13 Tree Removal Permit; The permit required to remove and /or relocate existing- tree(s) on 14 or from a subject property. 15 16 Tree service / aborist: Any person, company, corporation or service which, for 17 compensation or a fee, performs tree maintenance and protection. 18 (C) Applicability. 19 (1) The provisions of this article shall apply to all public or private property within 20 the City unless expressly exempted bylaw. 21 (2) Any tree removal on a public or private ;right -of -way or on property owned by 22 the City shall also be subject to the requirements of this Section which requires a 23 permit from Public Works. 24 (3) All mangrove trees and any tree located upon land which is wetlands as defined 25 in Section 373.019, Florida Statutes as amended from time to time, shall also be 26 subject to the permitting requirements of Chapter 24 of the Miami -Dade County Code, as 27 amended. 28 29 (D) Authority to supervise, enforce, modify and supplement regulations. 30 31 (1) Planning Department. ''It shall be the duty of a designated representative of the 32 Planning Department to supervise compliance with the regulations contained herein 33 and to cooperate with, and assist, the code enforcement division in the prosecution of 34 any regulation violation cases. 35 36 (2) Code Enforcement Division. It shall be the duty of the code enforcement division to 37 prosecute violations of the regulations contained herein. The Code Enforcement 38 Division may prosecute violations in conjunction and cooperation with the Planning 39 Department or on its own initiative. 40 41 (3) Special Master. The special master shall have the authority to hear and decide Page 6 1 appeals as set forth in Section 20- 4.11 (M) and to enforce the provisions set forth on 2 Section 20- 4.11(0)(3) as it pertains to irreparable or irreversible violations. 3 4 (4) City Commission. The City Commission will receive and review all 5 recommendations referred to it by the Planning Board for modification of existing b regulations or the addition of supplementary regulations. Any decision to enact 7 regulation modifications or supplementary regulations shall remain within the sole 8 and exclusive legislative jurisdiction of the City Commission. 9 (E) Tree Removal Permit Applications. 'Requirements and Review, Fees. 10 11 (1) Permit, When Required. A tree removal permit shall be required for the removal or 12 relocation of any tree within the 'City unless exempted by Section 22.03. A 13 tree removal permit shall also be required for the pruning or trimming of more 14 than 25 percent of the canopy of a tree. No person, or representative thereof, 15 shall directly or indirectly cut'down remove relocate or effectively remove through 16 tree abuse any tree situated within the City without first obtaining a tree removal permit 17 as hereinafter provided. No building permit for any work that has the potential to affect 18 trees including new construction, additions, carports, pools, decks, fences, driveways, 19 parking lots, tennis::!: demolition, or similar work, shall be 'issued by the Building 20 Department unless the Planning Department has determined that no tree removal permit is 21 required or that a valid tree removal permit has been issued in accordance with this 22 section. 23 (2) Application Requirements. Applications shall be made on the form provided for that 24 purpose and shall include a written statement indicating the reasons for the removal or 25 relocation of each tree. The following documentation and any applicable fees shall 26 accompany applications: 27 (a) For applications for tree removal in conjunction with new construction 28 including additions pools and decks, a tree survey drawn to scale identifying 29 the species and listing the height, spread and diameter of all existing trees shall 30 be provided, Said survey shall be prepared by a Professional Land Surveyor, 31 licensed in the State of Florida, (In addition, the applicant 'shall submit. site 32 photographs with the trees in question identified.) 33 (b) For applications for tree removal in conjunction with an other activity requiring 34 a building permit or for any 'other tree removal, a site plan drawn to scale 35 identifying the species and listing the 'height, spread and diameter of all 36 existing trees shall be provided. Said site plan may be - limited' to the 37 immediate area of the proposed work, and photographs of the existing 38 trees within said area may be acceptable in lieu of tree identification regarding 39 species, height, spread and diameter. 40 41 (c) A tree disposition plan drawn to scale identifying and listing all existing 42 trees and specifying the condition of each tree and whether said trees are to Page 7 �° I remain, to be removed and/or to be relocated. The plan shall also illustrate the 2 location of all existing structures and/or all proposed new construction, as 3 applicable, the location of any overhead and/or underground utilities and the 4 new locations of existing trees to be relocated on site. For applications' 5 involving the construction of a new building(s) the tree disposition plan shall be 6 prepared by and bear the seal of a landscape architect currently licensed to practice in the State of Florida. 8 9 (d) A tree mitigation plan prepared in accordance with Section 20 -4.11. 10 11 (e) One set of mailing labels containing the name and address of all property 12 owners of record, as reflected on the Miami -Dade County Property 13 Appraiser's tax roll as updated, within a three hundred (300) foot radius of the 14 property for which the tree removal permit is sought. The applicant shall also 15 provide a sworn affidavit attesting to the validity of the mailing labels. 16 17 (f) An application fee as set forth herein in Section 20- 4.11(H). 18 19 (F) Review of Application 20 Upon receipt of a completed application the Planning Department, hereinafter referred 21 to as Department, shall review the application for compliance with the regulations as set 22 forth in this section such review shall include a field inspection of the site and, referral of 23 the application to other departments or agencies as necessary. Within 15 calendar days of 24 the receipt of a completed application, the Department shall issue' a preliminary decision 25 approving, denying or approving with conditions said application. 26 27 (G) Notice 28 Within 24 hours of the issuance of a preliminary decision to approve an application for a 29 tree removal permit, the Planning Department shall: (Notice shall also be provided to 30 the City Manager and City Commission). 31 32 (a) Notify the applicant' in writing and post a notice at City Hall and on the City's 33 web site. 34 35 (b) Provide to the applicant a, posting notice advising of the decision. The applicant 36 shall be responsible for posting the notice of the preliminary decision on or 37 adjacent to the property in 'a location visible to the general public. The posting is 38 to remain visible on the subject property for 10 calendar days from the posting 39 date. Failure to post the notice or maintain the post in an area visible to the 40 general public shall invalidate the application: 41 (c) Shall mail a copy of the preliminary decision to the owner of the subject 42 property, and the owners of the adjacent properties within a three hundred 43 (300) foot radius of the property for which the original tree removal permit was 44 sought. The notice shall set' forth the date on which the prelimuinary decision will 45 become final and a permit issued'. The notice shall also advise receipients of the 46 appeal provisions set' forth in Section 20- 4.11''' (M). Page 8 ....vim . k .-.s�^`s;. S'.":3�°'i,- i.. '. °..- `K." -• d`i4%TV=:`r, wx; T; A', �"iC•3T'*A+4e.H, 0'5�,.,n , W...r 5"F ✓> k apg. v aJT'. u 1 (II) Issuance of Permit 2 If no appeal in accordance with Section 20 -4.11 is timely fled within 10 calendar days of 3 the issuance of preliminary decision, the tree removal permit if originally approved by 4 the Planning Department shall become final and a permit shall be issued. The property 5 owner shall be responsible for insuring that the tree removal permit is displayed until the 6 authorized work is completed 7 8 (I) FEES' 9 (a) An application fee of $150 for each tree which is to be subject to removal. 10 (b) Fees set forth herein shall also be established pursuant to Ordinance No. 15 -04 -1822, 11 as amended,- "Planning Processing Fee Schedule,' of the City of South Miami. 12 Applications from government agencies for tree removals solely in areas dedicated to 13 public use may, at the discretion of the City Commission, be exempted from application 14 fees and permit fees. 15 (J) Final Inspection 16 No later than six months following the completion of the authorized work, the applicant 17 shall schedule a final inspection with the Planning Department for verification' and 18 acceptance of the final authorized work. Failure to comply with the permit conditions 19 shall be considered as a violation and shall be subject to enforcement and penalities as set 20 forth in Sections 20-11 (N)(0). 21 22 (K) Criteria and Conditions for Tree Removal and Relocation. 23 24 (1) Criteria for Tree Removal. No permit shall be issued for tree removal from the site 25 unless one of the following criteria exists: 26 27 (a) The tree is located in the buildable area or yard area where a structure or 28 improvement may be placed' and unreasonably restricts the permitted use of the 29 property. 30 31 (b) The tree is diseased, injured or in danger of falling interferes with utility 32 services, creates unsafe vision clearance or is in danger of materially 33 impairing the structural integrity of an existing or proposed structure. 34 35 (c) The tree is an exotic tree - species and will be replaced with a - native tree 36 species to promote good forestry practices, creates a health hazard, 37 interferes with native tree species or creates a negative impact on natural 38 land features such as rock outcroppings, sink holes or other geological, 39 historical or archeological features. 40 Page 9 I (d) It is in the general welfare of the public that the tree be removed for a 2 reason other than set forth above, as determined by the Planning 3 Department. 4 5 (2) Conditions for Tree Removal, Relocation and Replacement. Any or ", all of the 6 following conditions may be required: 7 -8 (a) The applicant may be required to redesign the project to preserve specimen 9 trees or any other tree determined by the Planning Department to be of 10 substantial, value due to its species, size, age, form and /or historical 11 significance, and to provide an alternate plan, when feasible, which shall 12 include the preservation of said tree(s) and design alterations within the 13 scope and intent of the initially proposed plan. 14 15 (b) Where practical specimen trees or an other tree determined by the Planning 16 Department to be of substantial value due to its species size, age, form and /or 17 historical significance, that is proposed for removal shall be relocated on or 18 off -site. The applicant shall adhere to acceptable tree relocation specifications, 19 in accordance with ANSI A300 Standards.' 20 21 (c) If it is impractical to relocate said tree(s) either on or off - site, because of 22 age, type or size, the applicant shall be required to replace all trees permitted 23 to be removed in accordance with the tree mitigation requirements in 24 Section 20- 4.11(K). 25 (d) The Planning Department may require that the applicant provide a 26 written report from an independent Certified Arborist before making 27 any determinations in conjunction with this section. The Department may 28 also require monitoring by a Certified Arborist during construction to assure 29 tree preservation: 30 (L) Tree Mitigation 31 (1) Tree Mitigation Chart. The Tree Mitigation Chart, below, shall be used to 32 determine the total number and size of trees that shall be planted as mitigation for 33 all trees permitted to be, removed. Mitigation is based on the diameter in inches 34 (DBH) of the trees to be removed. To determine the required mitigation, calculate 35 the total, sum in inches of the diameters of all trees to be removed. This sum will 36. , result in one,, single number in inches that represents the combined total of the 37 diameters of all trees to be removed. Diameter measurement shall be rounded up to 38 the nearest inch. Page 10 1 2 Tree Mitigation Chart Total diameter of tree(s) to Total number of Total number of be removed (Sum of inches replacement trees replacement trees required at DBH) required (2" DBH OR (4" DBH minimum each; minimum each; 12' 16 minimum height), minimum height) 2 —3" 1 or 0 4" — 6» 2 or 1 7" -12" 4 or 2 13 18,E 6 or 3 19 "'— 24" 8 or 4 25 30 10 or 5 31 36" 12 or 6 37 "'— 4211 14 or 7 43 — 48" 16 or 8 49" - 60" 20 or 10 _3 4 If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the additional 5 Inches, shall be added cumulatively from the top of the chart, down to the bottom of the chart, 6 to calculate I the number of trees required as mitigation. 7 8 9 (2) Tree Species. Trees installed as mitigation shall be trees of native or non - native 10 species.:When more than 10 trees are installed as mitigation, a diversity of species 11 shall be required as per the Tree Species Diversity Chart below: 12 13 Tree Species Diversity Chart Required number of trees Required minimum number of species 11-20 2 21-50 4 51 or greater 6 14 15 (3) Prohibited Species, Mitigation shall not be required for the removal of any prohibited 16 species except Ficus altissima (Loft Fig) and Ficus benghalensis (Banyan Tree) and no 17 fees shall be charged 18 19 (4) Tree Quality. Trees installed as mitigation in accordance' with this section shall conform 20 to, or exceed, the minimum standards for Florida Number One as provided. in 21 the most current edition of " Grades and Standards for Nursery Plants, Part I and II, " 22 prepared by the Florida Department of Agriculture and Consumer Services. Trees shall be Page 11 43t ;` :.r,a...;gF,:'- ."':Tr';'�T"'s I planted according to sound nursery practices as illustrated in the Landscape Manual. 2 3 (5) Off -Site Mitigation. If the total number of trees required as mitigation cannot be 4 reasonably planted on the subject property the applicant may enter into an agreement with 5 the City as approved by the Planning Department, to plant the excess number of 6 replacement trees on public property within the City. 7 8 (6) Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably 9 planted on the subject property, but as an alternative to the off - site mitigation provided in 10 Section 20- 4.11(K)(5), the applicant may contribute into the City's Tree Trust Fund the 11 sum of five hundred ' dollars ($500.00) for each 2 DBH tree required as mitigation in 12 accordance with Section 20- 4.11(K)(1). 13 (M) Tree Protection 14 15 (1) Tree Protection 'during Construction. Trees shall be protected during construction 16 through the use of protective barriers in accordance with the Landscape Manual. Trees that 17 are to remain shall be clearly identified with tags. A protected area with a radius of 10 feet shall 18 be maintained around trees to remain in accordance with the Landscape Manual, unless a 19 certified arborist otherwise determines in writing that a smaller or larger protected area is 20 acceptable for each tree, or an alternative tree protection method is 21 recommended. 22 23 (2) Understory plants within protective barriers shall be protected. 24 25 (3) No oil, fill, equipment, building materials or building debris shall be placed within the 26 areas surrounded by protective barriers, nor shall there be disposal of any waste materials 27 such as paints, oils, solvents, asphalt, concrete, mortar or any other materials, including 28 chemicals, harmful to trees or understory plants within the areas surrounded by protective 29 barriers. 30 31 (4) Trees °shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise 32 inflict damage to the tree. 33 34 (5) Natural grade shall be maintained within protective barriers. In the event that the 35 natural grade of the site is changed as a result of site development, such that the safety of 36 the tree may be endangered, tree wells or retainingwalls are required. 37 38 (6) Underground utility lines shall be placed outside the areas surrounded by protective 39 barriers. If said placement is not possible, disturbance shall be minimized by using 40 techniques such as tunneling. 41 42 (7) Fences and walls shall be constructed to avoid disturbance to any protected tree. 43 Post holes and trenches located close to trees shall be. dug by hand and adjusted as 44 necessary, using techniques such as discontinuous footings, to avoid damage to major 45 roots. 46 Page 12 1 (8) During demolition and/or development, including .installation of irrigation systems or 2 any other underground' installations, protective barriers shall be placed around each tree and 3 shall remain in order to prevent the destruction or damaging' of roots, stems or crowns of 4 such trees. The barriers shall remain in place and intact until such time as approved 5 landscape operations are completed however barriers may be removed temporarily to 6 accommodate construction needs, provided that the manner and purpose for such temporary 7 removal will not harm the trees. The trees shall be properly irrigated throughout the building 8 process. Trees damaged during construction shall be subject to the provisions of Section 9 20- 4.11(N). 10 11 (9) ;Tree Pruning /Trimming. The pruning or trimming of any tree shall be in accordance 12 with Guidelines in the Landscape Manual. No more than 25 percent of a tree's living canopy 13 shall be removed within a .one -year period. The practice known as "hat racking" is not 14 permitted and shall be considered a violation of this article. Any other tree abuse, or 15 activity that can effectively destroy a tree, shall also be considered a violation of this article. 16 A violation of this section of the code shall be mitigated in accordance with Section 20- 17 4.11(0). 18 Appeals, Appellate Fees 19 (1) Appeals to the Special Master. The property owner, the applicant, or any 20 aggrieved party having - standing under Florida law, may appeal to the Special 21 Master as established in accordance with Section -- 2 -24 of the South Miami 22 Code of Ordinances any decision of the Planning Department on matters relating to 23 applications for tree removal permits by filing within 10 calendar days after the 24 date of the preliminary decision a written notice of appeal to the Planning 25 Department. The "notice of appeal shall set forth concisely the decision appealed 26 from and the reasons or grounds for the appeal. The Special' Master shall hear and 27 consider all facts material to the appeal. The Special Master may, affirm, modify 28 or reverse the decision of the Planning Department. All appeals to the Special 29 Master shall be accompanied by a fee of one hundred and fifty ($15'0) dollars. 30 (a) Notice mail labels to be provided by appellant. All '_appeals made to the 31 Special Master and the City Commission shall be accompanied by one 32 set of mailing labels containing the name` and address of all ;property owners 33 of record, as reflected on the Miami -Dade County Property Appraiser's tax 34 roll as updated.1 within' a three hundred (300) foot radius of the property for 35 which the original tree' removal permit was sought. The appellant shall also 36 provide a sworn affidavit attesting to the validity of the mailing labels. 37 (b) Notice. The Code Enforcement Division shall mail a notice of the time 38 and place of the Special Master's consideration of the appeal at least 10 39 days in advance of the hearing to the owner of the subject property, the 40 appeal appellant, and the owners of the adjacent properties within a 41 three hundred (300) foot radius of the property for which the original tree Page 13 1 removal permit was sought. 2 3 (2); Appeals to City Commission. The property owner, the applicant, the Planning 4 Department or an aggrieved party having standing under Florida law may appeal to the 5 City Commission a decision of the Special Master on matters relating to applications 6 for tree removal permits by filing within 15 calendar days after the date of the 7 decision a written notice of appeal with the City Clerk. An appeal filed pursuant to this 8 section shall be accompanied by a fee of five hundred ($500)! dollars. The notice of 9 appeal shall set forth concisely the decision appealed from and the reasons or grounds for 10 the appeal. 11 (a) Notice mail labels to be provided by appellant. All appeals made to the 12 City Commission shall be accompanied by one set of mailing labels 13 containing the name and address of all property owners of record, as reflected 14 on the Miami -Dade County Property Appraiser's tax roll as updated, within a 15 three hundred (300) foot radius of the property for which the original tree 16 removal permit was sought. The appellant shall also provide a sworn affidavit 17 attesting to the validity of the mailing labels. 18 (b) Notice. The City Clerk shall mail a notice of the time and place of the 19 City Commission's consideration of the appeal at least 10 days in 20 advance of the hearing to the owner of the subJect property, the appeal 21 appellant, and the owners of the adjacent properties within a three 22 hundred (300) foot radius of the property for which the original tree removal 23 permit was sought. 24 (c) The City Commission shall hear and consider all facts material to the appeal 25 and may affirm, modify or reverse the Special Master's decision. The 26 decision of the City Commission shall constitute final administrative review, and 27 no petition for rehearing or reconsideration, shall be considered by the City. 28 Appeals from decisions of the City Commission may be made to the courts as 29 provided by the Florida Rules of Appellate Procedure. 30 31 (3) No Tree Removal Permitted During An Appeal. Upon timely submission of an 32 appeal made pursuant to the requirements of this section, no removal of any trees 33 which could be affected by the subject appeal shall occur, pending final disposition of the 34 appeal: 35 (0) Enforcement 36 (1) Jurisdiction. The Code Enforcement Division shall have jurisdiction for the proper 37 and effective enforcement of this section. The Division shall have the right to inspect 38 subject properties in accordance with the approved tree removal permit and the provisions Page 14 1 of this Section. 2 (2) Individual Enforcement. Each tree removed without a tree removal permit shall 3 constitute a separate and distinct violation and shall be the subject of individual enforcement. 4 (3) Tree Viability After Project Completion. If the Division determines that a tree is 5 not viable, alive and growing one year after all associated development activity 6 on the, property is completed the Division shall require that said tree be replaced 7 with the "same tree species and size which was originally planted or relocated, as per 8 the approved tree removal' permit. 9 (P) Penalties, Remedies Cumulative 10 11 (1) Fine. Any person, or agent thereof, who removes a tree without a tree removal 12 permit, shall be fined $500 per violation plus mitigation in the form of replacement 13 trees. Each tree, removed without a tree removal permit shall constitute a separate and 14 distinct violation, subject to a separate fine and mitigation. This provision does not apply 15 to the exemptions set forth in Sec. 20- 4.11(P) , 16 (2) Tree Mitigation Required. In addition to the monetary fine established` above, the 17 planting of replacement trees shall be required. The number of trees required as 18 mitigation for each tree that was removed without a permit shall be based upon the 19 Tree Mitigation Chart for Trees Removed Without a' Permit, below. If the total 20 number of trees required as mitigation cannot be reasonably planted on the subject 21 property, the applicant may contribute into the City's Tree Trust Fund in,an amount 22 ' based upon Chart below. Mitigation shall be achieved no more than sixty (60) days after 23 the violation has been committed. 24 Tree Mitigation Chart for Trees Removed Without a Permit Diameter (DBIJ) of - Number of Number of OR Contribution each tree removed replacement trees replacement trees into Tree without a permit required (2" DBH OR required (4" DBH Trust Fund minimum each, 12' minimum each; 16' minimum height) minimum height) 2" -3" 1 or $1,000 4" - 6" 2 or $2,000 751— 1211 4 or $4,000 13" —18" 6 or $6,000 19" - 24" 8 or $8,000 25" — 30" 10 or $10,000 31" — 36" 12 or $12,000 37" — 42" 14 or $14,000 43" — 48" 16 or $16,000 49" - 60" 20 or $20,000 25 Page 15 1 (3) Irreparable or Irreversible Violations. In the event the Special Master finds the 2 removal of any tree without the required; permit to be irreparable or irreversible in nature 3 it may impose a fine not to exceed five thousand ($5,000) dollars per violation or a 4 greater penalty as provided by law, plus mitigation in the form of replacement trees. 5 In determining the amount of the fine the Special Master shall consider in accordance 6 with Section 162.09, Florida Statutes, as amended, the following factors: 7 8 (a) The gravity of the violation: 9 (b) Any actions taken by the violator to correct the violation; and 10 (c ) Any previous violations committed by the violator. 11 12 (4) Withholding of a New Building Permit. The removal of any tree in violation of this 13 section shall constitute grounds for withholding new building permits directly related to 14 said tree removal until the violation has been corrected, including the payment of all fines 15 and the planting of all trees required as mitigation pursuant to this section. Alternatively 16 in order to obtain the new building permit the person in violation may post a 17 payment and performance bond pursuant to 255.05 of the Florida Statutes naming 18 the City of South Miami as Obligee. The bond shall be in the 'amount of ten 19 percent of the construction cost or ten percent of the appraised value of the property if 20 no construction exists, The bond will be maintained in place until the violation has 21 been corrected, pursuant to this section. In the event a bond is not feasible, the City 22 may accept an irrevocable, unconditional letter of credit, in the previously stated 23 percentages, naming the City as Payee. This section shall not apply to complete 24 applications submitted to the City on the effective date of this ordinance. 25 26 (5) Withholding of a Certificate of Occupancy. The Planning Department shall not 27 approve the zoning inspection required for a temporary or final Certificate of 28 Occupancy until all violations of this section have been corrected including the 29 payment of all fines and the planting of all trees' required as mitigation,, pursuant to 30 this section. 31 (6) Remedies Cumulative, The remedies provided in this section shall be 32 cumulative to all remedies provided by and /or equity and the election of one shall 33 not preclude the other. 34 (7) Costs and Fees: In the event the City institutes any civil action to enforce the 35 terms of this section in a court of competent jurisdiction the City ;shall be entitled 36 to recover the fines imposed pursuant to the violation(s), the cost of trees required 37 as mitigation, the costs associated with the investigation and ,prosecution inclusive 38 of a reasonable attorney's fee for the prosecuting attorney together with any 39 equitable and legal remedies deemed reasonable and proper by the court. Page 16 i (Q) Exemptions 2 The following are exempt from the provisions of this article: 3 (1) Any tree growing in a botanical garden or a licensed plant or tree nursery business. 4 5 (2) In the case of a declared state of emergency by the City Commission wherein the City 6 Manager determines in writing that tree removal permitting requirements will hamper 7 private or public work to restore order to the City. 8 (3) The removal of a, tree during or following an emergency such as an act of nature 9 or a life safety issue: 10 (4) Nothing in this article shall be construed to prevent the pruning or trimming of trees 11 where necessary for proper landscape maintenance and safety, provided that no more 12 than 25 percent of the crown or foliage is removed. 13 14 (5)'Removal of any dead tree. 15 16 (6)Removal of any of the following nuisance tree species: 17 18 SPECIES COMMON NAME 19 20 Acacia Auriculiformis Earleaf Acacia 21 22 Albizzia lebbeck Woman's Tongue 23 24 Araucaria heterophylla Norfolk Island Pine 25 26 Bambusa Tree Bamboo 27 28 Bischofia javanica Bischofia 29 30 Brassaia actinophylla Schefflera 31 32 Casuarina spp Australian Pine 33 34 Cupaniopsis'anacardiodes Carrotwood 35 36 Enterolobium cyclocarpum Ear Tree 37 38 Eucalyptus spp Eucalyptus 39 40 Ficus spp Ficus 41 42 Grevillea robusta Silk Oak Page 17 .:s €,,;'�°i ,�a.n... T r,. 1 2 Hibiscus tiliaceus Mahoe 3 4 Melaleuca quinquenervia Melaleuca 5 6 Metopium toxiferum Poison Wood 7 8 Psidium quajava/littorale Guava 9 10 Ricinus communis Castorbean 11 12 Sapium sebiferum Chinese Tallow Tree 13 14 Schinus terebinthifolius Brazilian Pepper 15 16 Syzygium cumin Java Plum 17 18 Thespesia populnea Mahoe. 19 20 21 (R) Public Property Planting and Maintenance Standards 22 23 (1) The planting and removal of trees in the public right -of -way shall be the 24 responsibility of the Public Works Department. 25 26 (2) Notwithstanding anything contained' in this section to the contrary, the city shall have 27 the sole, and exclusive right to plant, prune, maintain and remove trees, plants and shrubs 28 within the lines of all streets, alleys, avenues, lanes, squares and public areas, as may be 29 necessary to insure public safety or to preserve or enhance the symmetry and beauty of 30 all public grounds. The city may remove or cause to be removed, any tree or part thereof 31 which is in an unsafe condition or which by reason of its nature constitutes a public 32 nuisance or is injurious to sewers, electric lines, water lines or other public 33 improvements, or is afflicted with any injurious fungus, insect or pest. This section does 34 not prohibit the planting of trees adjacent to any public ways by adjacent' property owners 35 provided that the trees are properly placed and maintained in accordance with tree 36 planting and maintenance standards. 37 38 39 (S) Emergency Provisions 40 41 In the event that it is believed that any tree in the City is in a hazardous condition so as to 42 endanger the public health, safety and general welfare unless it is immediately removed, 43 the City Manager, or his designee, may verbally authorize the removal of such tree 44 following a personal inspection of the subject tree without the securing of a removal 45 permit as required by this section. In addition, the provisions and requirements of this 46 section may be temporarily stayed by a majority vote of the City Commission following Page 18 1 the occurrence of a hurricane, tornado, flood, or other natural disaster. 2 3 Section 3. If any section, . clause, sentence, or phrase of this ordinance is for any 4 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 5 affect the validity of the remaining portions of this ordinance. 6 7 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 8 ordinance are repealed. 9 10 Section 5. This ordinance shall take effect immediately upon enactment. 11 12 13 14 PASSED AND ADOPTED this day of 92006. 15 16 ATTEST: APPROVED; 17 1$ 19 CITY CLERK MAYOR 20 21 1" Reading — 22 2nd Reading 23 24 COMMISSION VOTE: 25 READ AND APPROVED AS TO FORM Mayor Feliu; 26 Vice Mayor Wiscombe: 27 Commissioner Palmer: 28 Commissioner Birts: 29 CITY ATTORNEY Commissioner Beckman: 30 31 32 33 34 EAComm Items \2006 \5- 2- 06 \LDC Tree Ordinance Plan Bd Draft doc Page 19 Z w W V` Z 0 V LL ,0w N W U) GZ a°z F zww LU 2, 0 G CL Z Q W 0 v a0 13 M za j LLJ -W w D W N _0 a w CL .v " A W d � % O � •3 � ° W a ° w oa d a� q z y� ° ZA .fly 6O a3 `o •o :r 3�0 y �EJd 4; am 8 a o'er y y...0. O y b1 w° Qj 'b A L tfy Y qA a � a z a w ^a�°8� u3� aro .a Iwo °owi°oa4> a rz o 0M aw7a `CC od O o C o O N +r7 N C v b ,GC O w .�. os�W W (� m y am a o° wp a 0.m •O ow y O .0 C w b y'�+ b0 U C O •�. ,b cd C h0 wore ' 0 or w as o° c tl >142 ZA S °.yca °o ff 0. 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W A °zo �v cn x 71 71, 7 111 _ Al o go UT South Miami AN-knedcaCldl r � INCORPORATEQ. � 1927 L O It9A 2001 To: Honorable Chair and Date: April' 11, 2006 Planning Board Members From: Don O'Donniley Re: LDC Amendment: Planning Director Tree Protection Regulations PB -06 -002 Applicant: City of South Miami AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MABU, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (I), (J), (K), (L), (M) and (1) FROM ARTICLE IV SECTION - 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND In 2005 the City Manager at the direction of the City Commission was requested to update and strengthen the current Land Development Code regulations governing tree protection and tree removals. The current regulations are contained as a subsection within Section 20 -4.5, which is identified in the Land Development Code as Landscaping and Tree Protection. The proposed updating of these regulations are included in the attached draft ordinance: PREVIOUS LEGISLATION The current legislation before the Board is a slightly different draft than what the Board reviewed:, its January 10 2006 meeting. That draft was one prepared by the previous City Manager and her staff. The Planning Department was directed to process that draft which was an amendment to the Land Development Code. It was recommended for approval by the Board. When that legislation was presented to the City Commission on March 7, 2006 it was discovered that a different draft, an amendment to the City Code, had been prepared for Vice Mayor Wiscombe by the City Attorney. The Commission deferred action at that time and requested' the Planning Board to consider the draft prepared by the City Attorney: The Planning Department has reviewed the City Attorney's prepared draft and has determined that is basically similar to the Land Development Code amendment which was previously LDC Amendment April 11, 2006 Page 2 of 3 before the Board. It does contain certain provisions which are superior to the earlier draft. The staff has taken the City Attorney's draft and supplemented it with provisions from the previously reviewed legislation and added some revisions necessary to make the legislation a Land Development Code amendment. In addition language was added to clarify the permit review process and the appeal section. The proposed revisions are shown in bold and underlined with wording removed shown with a strike through. PROPOSED AMENDMENT The specific amendment would replace seven subsections (H N) of Section 20 -4.5 that were part of the LDC Landscaping regulations. The amendment creates a separate Section 20 -4.11 entitled "Tree Protection for All Zoning Districts ". The revised regulations are a significant improvement over the existing provisions. The following is a summary of the major changes: expanded list of definitions; clarification of review and enforcement responsibilities; clarification of the process needed to obtain a tree removal permit including notification of abutting owners and posting of the property, before a removal decision is finalized; new standard for tree replacement /mitigation- from canopy replacement to width < of tree trunk; detailed list of standards for protecting trees; * 'creation of ::a process allowing for an appeal of a tree removal permit decision to the City's Special Master with an final appeal to the City Commission; expansion of penalties and remedies that the City can use to enforce compliance, including the use of the Special Master and specific penalty fees; • clarification of tree species which are exempt from requirements for removal permits, STAFF OBSERVATIONS (1) It is important to note that use of the special master for tree removal permit appeals will require a future amendment to City Code Sec. 2 -24: (2) The staff is concerned about provisions set forth in sub- section (M)(1) Appeals to the Special Master (pp. 13-14). This section allows for an appeal to a tree removal permit to be filled by the applicant, an abutting property owner, or environmental or homeowners group with a member within 500 feet. This essentially would not allow nearby property owners to file an appeal unless they are members of the 'environmental group or the homeowners group. This section should be clarified to simply allow the "applicant for the tree removal permit and any property owner within 300 feet (a more reasonable radius) to file an appeal (3) Both subsections (M)(1) and (2) provides for an appeal fee but then allows for the fee to be waived if it is filed by an the applicant, an abutting property owner, or environmental or homeowners group with a member within 500 feet. An appeal will cost the City in terms of staff time, notification and mail costs. The attached draft has been modified to show that both the appeal fees to the special master ($150) and to the City Commission ($ 500) should not be waived. 1 - LDC Amendment April 11, 2006 Page 3 of 3 RECOMMENDATION It is recommended that the revised regulations for tree protection (LDC Section 20- 4.11) be approved with the modifications suggested above in staff observations (2) and (3). Attachments; Draft Ordinance Existing LDC regulations on tree protection Public Notices DOD /SAY E:\PB\PB Agendas Staff Reports\ 2006 Agendas Staff Reports \4- 11- 06\PB -06 -002 LDC Amend Tree Report.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY CONDUSSION OF THE CITY OF DE A TM W IWNI n .SOUTH MIAMI, FLORIDA, i.rn OF rrr.re' rimer AMENDING THE LAND DEVELOPMENT CODE OF THE CITY, OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20- 4.5 -(H), (I), (J), (I), (L), (M) and (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW NEW SECTION 20 -4.11 - ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW; FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR as SEVERABLITY,; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE: WHEREAS, the City Commission has directed the City Manager to update and stren tg hen the current provisions in the Land Development Code pertaining to tree protection; and WHEREAS, revised regulations based upon the most up to date national standards have been prepared by the Administration; and WHEREAS, the Planning Board at its meeting adopted a motion by a vote of ayes nays, recommending approval of the revised regulations; and WHEREAS, the Mayor and City Commission desire to accept the recommendation of the Planning Board and enact the aforesaid amendment NOW, THEREFORE, BY THE CITY MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Sections 20 -4.5 (H), (I), (J), (K), (L), 04) and (N) of the South Miami Land , Development Code pertaining to Tree Removal and Tree Removal Permits are hereby removed in their entirety and the title of Section 20 -4.5 is revised to read as follows: SECTION 20 -4.5 Landscaping for All Zoning Districts Section 2. The South Miami Land Development Code is hereby amended by adding a new Section as follows: CHAPTER 22, TREE PROTEGRON SECTION 20 -4.11 TREE PROTECTION FOR ALL ZONING DISTRICTS (A) Intent and Purpose. (1)The intent of this sectio LehapW is to protect. preserve and restore the tree canopy within the City by regulating the removal, relocation and trimming of trees. (2)The purpose of this section is to assure that the design and construction of all development activity is executed in a manner consistent with the preservation of existing trees to the greatest extent possible. (B) Definitions. For the purposes of this chapter, the following definitions shall apply: Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property under a written lease and who is authorized to apply for a building permit. Arborist. Certified: One who is well - versed in the art of arboriculture including tree surgery, the prevention and cure of tree diseases, and the control of insects, and who has International Society of Arboriculture (ISA) Arborist Certification. Branch Collar: Trunk tissue that forms around the base of a branch. Caliper: See definition under Sec. 20-4.5(A) Controlled Tree Species: Those tree species that tend to become nuisances because of their ability to invade proximal native slant communities or native inhabitants but which_ if located and cultivated properly, may be useful or functions as elements of landscape design. This article incorporates by reference the Miami -Dade 'County Landscape Manual listing of controlled tree species. Crown: The upper branches of the tree canopy. Crown Width: The width of the crown at its widest point measured on a plane parallel to the ground. Developed property: Property containing a structure <which has a valid certificate of occupancy. Page 2 Diameter,DBH: The diameter at breast height of a tree's trunk measured at a height four and one half feet above grade. In the case of multiple -trunk trees, the DBH shall mean the sum of each trunk's diameter measured at a height four and one -half feet above grade. Developed property: Property containing a structure which has a valid certificate of occupancy. Drop- crotch Pruning: A specific type of pruning designed to properly reduce the size of trees with the current national arborist standards, or any subsequent amendments thereto. Effectively Destroyed. The cutting, trimming, or damaging of a tree's trunk, branch, or root system to the extent that the tree is no loner viable. jC ined bl the planning department to be equivalent to the tree to be removed. (including transportation, planting and initial maintenance to insure survival) based on its size, condition and location, following the international society'' of arbors tree evaluation formula and the market value Exotic Tree Species: A plant species that has been introduced from other regions, and is not native to the region to which it is introduced. Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree, This practice is sometimes employed to kill a tree. Grade: The ground level of a subject property, which measures the degree of rise or descent of a sloping surface. Hat racking. The flat cutting of the top of a tree, severing the leader or leaders, or the removal of any branch three inches or greater in diameter at an point other than the branch collar i.e.. that point where the: lateral branches meet the main trunk. Landscape Manual. The Miami -Dade County Landscape Manual, latest edition, which is the official landscape manual issued by Miami -Dade County, Florida. The Landscape Manual, as amended from time to time is adopted by reference by the City and deemed as being incorporated by reference as if set forth herein providing that in the event of an express conflict between the Landscape Manual and this chapter, the latter will prevail. Large Tree: A tree with a mature height of 40 feet or more in height, a mature canopy wider than 22 feet, and a mature root system wider than 15 feet. PncFP q Maintenance and Protection: Includes all operations of: pruning, spraying, injecting, fertilizing, treating, bracing, doing surgery work, cutting above or below the ground. Medium Tree: A tree with a mature height of between 26feet and 39 feet, a mature canopy between 15 feet and 22 feet, -and a mature root system between 10 and 15 feet. Mitigation: Those trees that are planted in order to restore tree canopy within the City and to replace existing trees that are authorized to be removed under this section. species. Nonviable: See definition under Sec. 20- 4.5(A) Person: As per the definition set forth in Section 1 -2 of the South Miami City Code. Prohibited Tree Species: Those tree species that are detrimental to native plants native wildlife <ecosystems, human health and /or safety and welfare. This section incorporates by reference the Miami -Dade County Landscape Manual listing of prohibited species. Protected Tree: A tree with a minimum caliper of four inches in diameter, one foot: above the ground of the species Live Oak, Laurel Oak, Gumbo Limbo, Royal Poinciana and Mahogany. Protected trees shall be processed under the same standards as specimen trees Protective Barriers: Barriers that are placed around existing trees to provide protection during construction on a subject property. Refer to the Landscape Manual for alternative tree protection and support details. Pruning /Trimming: The selective' cutting of tree /plant parts to encourage new growth or better flowering: to remove old stems or deadwood; or to shape trees according to ANSI A300 Page 4 - ,..,,,, -,-A_. ,_-- r- .,...�� -,, ..sue, r. �m-�� ;��a-- -;; �- �,�,� - �..��.: -R � t,•: Standards. (American National Standards Institute: Tree Care Operations Manual Public Area: Includes all public ways. narks and other lands owned or leased by the Ci Public Nuisance: Any tree or shrub or part thereof growing upon private or public property which is determined by the planning department representative to'endan° endanger health, safety and general welfare of the City residents. Public Way: Includes all public streets, roads, boulevards, alleys and sidewalks. Roots /Root Systems: The parts of the tree containing the organs that extract water and nutrients from the soil and atmosphere. Shade Tree: Any tree with a mature crown width that is at least two- thirds of the tree's mature height. Site Plan: A comprehensive plan drawn to scale indicating site elevations, roadways and location of all relevant site improvements including structures parking, other paved areas trails, walkways, ingress and a egress drives, vegetative cover, landscaping and open space. Small Tree. A tree with a mature height of 25 feet or smaller, a mature canopy smaller than 15 feet, and a mature root system smaller. than 10 feet Sound Nursery Practices.• The various procedures involved in landscape nursery work that are in compliance with the Florida Department of Agriculture and Consumer Services standards. Special Master. The Special Master for purposes of this Chapter shall be subject to the procedures set forth in Sec. 2 -24 and Sec. 2 -25 of the City of South Miami code of ordinances. Specimen Tree: A tree with any individual trunk, or if a multiple trunk tree, the sum of the diameter of all trunks, which has a diameter at breast height (DBH) of 18 inches or greater, but not including the following: (a) Non - native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit including, but not limited to, mangos, avocados or species of citrus; (b) Non- native species of the genus Ficus: and (c ) All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, which have a minimum overall heiqht of 15 feet. (d) All nuisance trees are Specifically determined to not be Specimen trees Page 5 Spread: The aerial extent of the branches and foliage of a tree. Stems: The main upward axis of a tree, having nodes bearing in- leaves above the *round serving to support the tree and to transport and store food materials Tree. Any self - supporting perennial plant that has a diameter at breast height (DBH) of two or more inches with a minimum height of 12 feet above grade. Tree Abuse: Tree abuse shall include: a. Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application or spillage or change to the natural grade; b. Hatrackinq; c. Girdling or bark removal of the trunk; d. Tears and splitting of limb ends or peeling and stripping of bark resulting from improper proper pruning techniques not in accordance with the current ANSI A300 Standards; or e. Excessive root cutting. E - Damage inflicted to or cutting upon a tree which permits infection or pest infestation. g. - Cutting upon any tree which destroys its natural shape. h. Use of climbing` spikes. L Fastening any sign, rope, wire or object by nail, staple, chemical substance, or other adhesive means to, through or around any tree. j. Any pruning in violation of the practices established by the National Arborist Association. L Any act that would cause a tree to become nonviable. Tree Removal. See definition under Sec. 20-4.5(A); Tree Removal Permit, The permit required to remove and/or relocate existing tree(s) on or from a subject property. Tree servicelarborist: Any person., company, corporation or - service which, for compensation or a'fee, performs tree maintenance and protection. Page 6 (C) Applicability. (1) The provisions of this article shall apply to all public io or private property within the City unless expressly exempted by law., (2) Any tree removal on a public or private right -of -way or on property owned by the City shall also be subject to the requirements of this Section Chapter 33 trT ' - which requires a permit from Public Works. (3) All mangrove trees and any tree located upon land which is wetlands as defined in Section 373.019, Florida Statutes as amended from time to time, shall also be subject to the permitting requirements of Chapter 24 of the Miami -Dade County Code, as amended. (D) Authority to supervise, enforce, modify and supplement regulations. (1) Planning Department. It shall be the 'duty of a 'designated representative of the Planning Department to supervise compliance with the regulations contained herein and to cooperate with, and assist, the code enforcement division in the prosecution of any regulation violation cases. (2) Code Enforcement Division. It shall be the dull of the code enforcement' division to prosecute violations of the regulations contained` herein. The Code Enforcement Diovision may prosecute violations in conjunction and cooperation with the Planning Department or on its own initiative. (3) Special Master. The special master shall have the authority to hear and decide appeals as set forth in Section 20- 4.11(M) and to enforce the provisions set forth on Section 20- 4.11(0)(3) as it pertains to irreparable or irreversible violations. (4) City Commission. The City Commission will receive and review all recommendations referred to it by the Planning Board for modification of existing regulations or the addition of supplementary regulations. Any decision to enact regulation modifications or supplementary regulations shall remain within the sole and exclusive legislative jurisdiction of theSCity Commission. (E) Tree Removal Permit Applications. Requirements and Review, Fees. (1) Permit, When Required. A tree removal permit shall be required for the removal or relocation of any tree within the City unless exempted by Section 22.03. A tree removal permit shall also be required for the pruning or trimming of more than 25 percent of the canopy of a tree. No person,, or representative thereof, shall directly or indirectly cut down, remove relocate or effectively remove through tree abuse' any tree situated within the City without first obtaining a tree removal permit as hereinafter provided. No building permit for any work that has the potential to affect trees including new construction additions, carports pools decks fences driveways, parking lots, tennis courts, demolition, or similar work, shall be issued, by the Building Department unless the Planning Zefing0epartment has determined that no tree removal permit is required or that a valid tree removal permit has been issued in accordance Page 7 with this section. (2). Application Requirements. Applications ` shall be made on the form provided for that purpose and shall include a written statement indicating the reasons for the removal or relocation of each tree. The following documentation and any applicable fees shall accompany applications., (a) For applications for tree removal in conjunction with new construction including additions pools and decks, a tree survey drawn to scale identifying the species and listing the height, spread and diameter of all existing trees shall be provided, Said survey shall be prepared by a Professional Land Surveyor, licensed in the State of Florida, (b) For applications for tree removal in conjunction with an other activity requiring a building permit or for any other tree removal, a site plan drawn to scale identifying the species and listing the height, spread and diameter of all existing trees shall be provided. Said site plan may be limited to the immediate area of the proposed' work, and photographs of the existing trees within said area may acceptable in lieu of tree identification regarding species, height, spread and diameter. (c.) A tree disposition plan drawn to scale identifying and listing all existing trees and specifying the condition of each tree and whether said trees are to remain, to be removed and/or to be relocated. The plan shall also illustrate the location of all existing structures and/or all proposed new construction, as applicable, the location of any overhead and/or underground utilities and the new locations of existing trees to be relocated on site. For applications involving the construction of a new building(s) the tree disposition plan shall be prepared by and bear the seal of a landscape architect currently licensed to practice in the State of Florida. (d) A tree mitigation plan prepared in accordance with Section 204.11. (E)Review of Application Upon receipt of a completed as application the Planning Department ead hereinafter referred to as Department shall review the application for compliance with the regulations as set forth in this section . Such review shall include a field inspection of the site and, referral of the application to other departments or agencies as necessary, Within 15 calendar days of the receipt of a completed, application, the Department shall issue an a preliminary decision approvmg, denying or approving with conditions said application, Notice Within 24 hours of the issuance of a preliminary decision to approve an application for a tree removal permit, the Planning Department shall nofft the applicant in writing and post a notice at City Hall and on the City's web site. The Department shall also provide to the applicant a op sting notice advising of the decision. The applicant shall be responsible for posting the notice of the preliminary decision on or adjacent to the property in a Page 8 posting is to r-Offlainvisthk enth@ (G) Issuance of Permit If no appeal in accordance with Section 20 -4.11 is timely filed within 10 calendar days of the issuance of the preliminary. decision, the tree removal permit if originally approved by the Planning Department shall ' be become final and a permit shall be issued. The property owner shall be responsible for insuring that the tree removal permit is displayed until the authorized work is completed.' MUMS reel snail De as estaDUsnea pursuant to Vralnance 'N o. 1'- U4 -1azL, as amenaea, •- riammng Processing Fee Schedule," of the City of South Miami. Applications from government agencies for tree removals solely in areas dedicated to public use may, at the discretion of the `City Commission, be exempted from application fees and permit fees. 5 , (n. Final Inspection No later than six months following the completion of the authorized work, the applicant shall schedule a final inspection with the Planning Department for verification and acceptance of Criteria and Conditions for Tree Removal and Relocation. Criteria for Tree Removal. No permit shall be issued for tree removal from the site unless one of the following criteria exists: (a) The tree is located in the buildable area or yard area where a structure or improvement may be placed and unreasonably restricts the permitted use of the property. (b) The tree is diseased injured or in danger of falling interferes with utility services creates unsafe vision clearance or is in danger of materially" impairing the structural integrity of an existing. or proposed structure, (c) The tree is an exotic tree species and will be replaced with a native tree species to promote good forestry practices; creates a health hazard' interferes with native tree species or creates a negative impact on natural land ,features such as rock outcroppings, sink ' holes or other geological. historical or archeological features. (d) It is in the general welfare of the public that the tree be removed for a reason other than set forth above. (2,). Conditions for Tree Removal, ,Relocation and Replacement. Any or all of the following conditions may be required: (a) The applicant may be required to redesign the project to preserve specimen trees or any other tree determined by the Planning Department to be of substantial value due to its species size age form and/or historical significance, and to provide an alternate plan, when feasible, which shall include the preservation of said tree(s) and design alterations within the scope and intent of the initially proposed plan. (b) Where practical specimen trees or an other tree determined by the Planning Department to be of substantial value due to its species size age form and/or historical significance, that is proposed for removal shall be relocated on or off- -site. The applicant shall adhere to acceptable tree relocation specifications, in accordance with ANSI A300 Standards. (c) If it is impractical to relocate said tree(s) either on or off -site, because of age, type or size, the applicant shall be required to replace all trees permitted to be removed in accordance with the tree mitigation requirements in Section 20- 4.11(K). (d) The Planning Department may require that the applicant provide a written report from a Certified Arborist before making any determinations in conjunction with this section. The Department may also require monitoring by a Certified Arborist during construction to assure tree preservation., Page 10_ (Kl Tree Mitigation M Tree Mitigation Chart. The Tree Mitigation Chart, below, shall be used to determine the total number and size of trees that shall be planted as mitigation for all trees permitted to be, removed. Mitigation is based on the diameter` in inches (DBH) of the trees to be removed. To determine the required mitigation, calculate the total sum in inches of the diameters of all trees to be removed. This sum will result in one, single number in inches that represents the combined total of the diameters of all trees to be removed. Diameter measurement shall be rounded up to the nearest inch. r16 art ''^ "^ , Tree Mitigation Chart Total diameter of tree(s) to Total number of Total number of be removed (Sum of inches replacement trees replacement trees required at DBH) required (2" DBH OR (4" DBH minimum each; minimum each; IT 16 minimum height), minimum height) 4 — 6 ".: 2 or 1 791— 12 4 or 2 13" -18" 6 or 3 19" — 24" 8 or 4 25" - 30" 10 or 5 3195-3651 12 or 6 3719-4291 14 or 7 4399-4899 16 or $ 4939-6099 20 or 10 If the sum of the diameter of trees to be removed exceeds a total of 60 inches,' the additional Inches, shall be added' cumulatively from the top of the chart, down to the bottom of the chart, to calculate the' number of trees required as mitigation. Tree Species. Trees installed as mitigation shall be trees of native or non - native species. When more than 10 trees; are installed as mitigation, a diversity of species shall be required as per � 1- Tree Species Diversity Chart, below, Page d 1 Tree Species Diversity Chart Required number of trees Required minimum number o species 11-20 - 2 21 -50 4, 51 or greater 6 (3) 'Prohibited Species, Mitigation shall not be required for the removal of any prohibited species except Ficus altissima (Loft Fig) and Ficus benghalensis (Banyan Tree) and no fees shaffbe charged Tree Quality. Trees installed as mitigation in accordance with this section shall conform to, or exceed, the minimum standards for Florida Number One as provided in the most current edition of Grades and Standards for Nursery Plants, Part I and H,, "prepared by the Florida' Department of Agriculture and Consumer Services. Trees shall be planted according to sound nursery practices as illustrated in the Landscape Manual. Off -Site Mitigation. If the total number of trees required : as mitigation cannot be reasonably, planted on the subject property the applicant may enter into an agreement with the City as approved by the Planning: Department, to plant the excess number of replacement trees on public property within the City. (6 ) Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably planted on the subject property, but as an alternative to the off- site mitigation provided in Section 20- 4.11(K)(5), the applicant may contribute into the City's Tree Trust Fund the sum of five hundred dollars ($500.00) for each 2" DBH tree required as mitigation in accordance with Section 204.11(x)(1). Q Tree Protection Tree Protection during Construction. Trees shall be protected during construction through the use of protective barriers in accordance with the Landscape Manual. Trees that are to remain shall be clearly identified with tags, A protected area with a radius of 10 feet shall be maintained around trees to remain in accordance with the Landscape Manual, unless a certified arborist' otherwise detennines in writing that a smaller or larger protected area is acceptable for each tree, or an alternative tree protection method is recommended. (2) Understory plants within protective barriers' shall be protected. (3) No oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waste materials such as paints, oils, solvents, asphalt, concrete, mortar or an other materials harmful to trees or understoa plants within the areas surrounded by protective barriers. Page 12 (4) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict damage to the tree. (5) Natural grade shall be maintained within protective barriers. In the event that the natural grade of the site is changed as a result of site development, such that the safety of the tree m y be endangered, tree wells or retaining walls are required. (6) Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not possible, disturbance shall be minimized by using techniques such as tunneling. (7) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to roots. During demolition and/or development, including installation of irrigation systems or any other underground installations, protective barriers shall be placed around each tree and shall remain in order to prevent the destruction or damaging of roots, stems or crowns of such trees. The barriers shall remain in place and intact until such time as approved landscape operations are completed however barriers may be removed temporarily to accommodate construction needs, provided that the manner and purpose for such temporary removal will not harm the trees. The trees shall be properly irrigated throughout the building process.' r -at;an 33. ' ^. Trees damned during construction shall be subject to the provisions of Section204.11M (99) Tree Pruning /Trimming. ; The pruning or trimming of any tree shall be in accordance with Guidelines in the Landscape Manual. No more than 25 percent of a tree's = living canopy shall be removed within a one -year period. The practice known as "hat racking" is not permitted and shall be considered a violation of this article. Any other tree abuse, or activity that can effectively destroy a tree, shall also be considered a violation of this article. A violation of this section of the code shall be mitivated in accordance with Section 20- 4.11(0). (M) Appeals, Appellate Fees (1) Appeals to the Special Master. The property owner, the applicant, or any aggrieved party having standing under Florida law, may appeal to the Special Master as established in accordance with Section 2 -24 of the South Miami Code of Ordinances any decision of the Planning Department on matters relating to; applications for tree removal permits by filing within 10 calendar days` after the date of the preliminary decision a written' notice of appeal to the Planning Department, ' The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. The Special Master shall hear and consider all facts material to the appeal. The Special Master may, affirm, modify or reverse the decision of the Planning Department. All appeals to the Special Master shall be accompanied by a fee of one hundred and fifty ($1'50) dollars plus $3.50 per mailed notice provided however that no fees Page 13 shall be charged for such appeals initiated by the property owner or the owner of the property which abuts the property for which a tree removal permit is sought including those across a street or alley or by a non profit corporation dedicated to conservation and protection of the natural and physical environment or by a homeowners association as that term is defined by Chapter 720 Florida Statutes as amended whichhas one member who owns property within 500 feet of the property for which the tree removal permit is sought. (2,) Appeals to City Commission. The property owner, the applicant, the Planning Department or an aggrieved party having standing under Florida law may appeal to the City Commission an a decision of the Special Master on matters relating to applications for tree removal permits by filing within 15 calendar days after the date of the decision a written notice of appeal with the City Clerk. An appeal filed pursuant to this section shall be accompanied by a fee of five hundred ($500) dollars. ght, The notice of appeal shall set forth concisely the decision appealed from and the reasons or grrounds for the appeal. Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and place of the public hearing shall be mailed at least 10 days in advance of the hearing to the owner of the subject ,property, the appeal appellant and the owners of the adjacent properties.. including those across ! a street or alley from the property for which the tree removal permit is sought. , (4) No Tree Removal Permitted During An Appeal. Upon timely submission of an appeal made pursuant to the requirements of this section, no removal of any trees which could be affected by the subject appeal shall occur, pending final disposition of the appeal. (5) City Commission Decision The City Commission shall hear and consider all facts material to the appeal and may affirm, modify or reverse the Special Master's decision. The decision' of the City Commission shall constitute final administrative review, and no petition for rehearing or reconsideration, shall be considered by the City. Appeals from decisions of the City Commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. (N) Enforcement Jurisdiction. The Code Enforcement Division shall have jurisdiction for the proper and effective enforcement of this section. The Division shall have the right Page 14 mm to inspect subject t properties in accordance with the approved tree removal permit and the provisions of this Section.. (IlIndividual Enforcement. Each tree removed without a tree removal permit shall constitute a separate and distinct violation and shall be the subject of individual enforcement. (3). Tree Viability After Project Completion: If the Division determines that a tree is not viable, alive and growing one year after all associated development activity on the property is completed the Division t shall require that said tree be replaced with the same tree species and size which was originally planted or relocated, as per the approved tree removal permit. Penalties, Remedies Cumulative 1 Fine. Any person, or agent thereof, who removes a tree without a tree removal permit, shall be fined $500 per violation plus mitigation in the form of replacement trees. Each tree removed without a tree removal permit shall constitute a separate and distinct violation, subject to a separate fine and mitigation. This provision does not apply to the exemptions set forth in Sec. 20- 4.11(P) ,(2) Tree Mitigation Required. In addition to the monetary fine established above, the planting of replacement trees shall be required. The number of trees required as mitigation for each tree that was removed without a permit shall be based upon the g.'', Tree Mitigation Chart for Trees Removed Without a Permit, below. If the total number of trees required as mitigation cannot be reasonably planted on the subject property, the, applicant may contribute into the City's Tree Trust Fund in,an amount based upon Chart belowMitigation shall be achieved no more than sixty (60) days after the violation has been committed. Tree Mitigation Chart for Trees Removed Without a Permit Diameter (DBH) of Number of Number of OR Contribution each tree removed replacement trees replacement trees into Tree without a permit required (2" DBH OR required (4 DBH Trust Fund minimum each; =12' minimum each; 16' minimum height) minimum height) 2" -3" 1 or $1000... 419-651 2 or $2,000 7" -12" 4 ` or $4,000 1399- 1899 6 or $6,000 19" - 24" 8 or $8,000 2591-3011 10 - or $10,000 31" - 36" 12 , or $12,000 37" - 42" 14 or $14,000 4315-4859 16 or $1.6,000 49" - 60" 20 or $20,000 �. Irreparable or Irreversible Violations. In- the event the Entfa In meffient Bow- Special Master finds the removal of any tree without the required permit to be irreparable or Page 15 irreversible in nature it may impose a fine not to exceed five thousand ($5,000) dollars per violation or a greater penally as provided by law, plus mitigation in the form of replacement trees. In determining the amount of the fine the Special Master shall consider in accordance with Section 162.09, Florida Statutes, as amended, the following factors: (a). The gravity of the violation: (b) Any actions taken by the violator to correct the violation; and (c ) Any previous violations committed by the violator. (4) Withholding of a New Building Permit. The removal of any tree in violation of this section shall constitute grounds for withholding new building permits directly related to said tree' removal until the violation has been corrected, including the payment of all fines and the planting of all trees required as mitigation pursuant to this section. Alternatively in order to obtain the new building. permitthe person in violation may post a payment and performance bond pursuant to 255.05 of the Florida Statutes naming the City of South Miami as Obligee. The bond shall be in the amount of ten percent of the construction cost or ten percent of the appraised value of the property if no construction exists, The bond will be maintained in place until the violation has been corrected, pursuant to this section. In the event a bond is not feasible, the City may accept an irrevocable, unconditional letter of credit, in the previously stated percentages, naming the City as Payee. This section shall not apply to complete applications submitted to the City on the effective date of this ordinance.. fffi Withholding of a Certificate of Occupancy. The Planning; Department shall not approve the zoning inspection required for a temporary or final Certificate of Occupancy until all violations of this section tef--have been corrected including the payment of all fines and the planting, of all trees required as mitigation, pursuant to this section. J&Remedies Cumulative, The remedies provided in this 'section shall be cumulative to all remedies provided by law and /or equity and the election of one shall not preclude the other. (7). Costs and Fees: In the event the City institutes any civil action to enforce the terms of this section in a court of competent jurisdiction the City shall be entitled to recover the fines imposed pursuant to the violation(s), the cost of trees required as mitigation, . the costs associated with the investigation and prosecution inclusive of a reasonable attorney's fee for the prosecuting attorney together with any equitable and legal remedies deemed reasonable and proper by the court. (P) Exemptions The following are exempt from the provisions of this article: (1) Any tree growing in a botanical garden or a licensed plant or tree nursery business. (3)The removal of a tree during or following an emergency such as an act of nature or a life safety issue. (4) Nothing in this article shall be construed to prevent the pruning or trimming of trees where necessary for proper landscape maintenance and safety, provided that no more than 25 percent of the crown or foliage is removed. (5) Removal of an dead tree. (6)Removal of any of the following nuisance tree species: SPECIES COMMON NAME Acacia Auriculiformis Earleaf Acacia Albizzia lebbeck Woman's Tongue Araucaria heterouhylla Norfolk Island Pine Bambusa Tree Bamboo Bischofia javanica Bischofia Brassaia actinophylla Schefflera Casuarina sup Australian Pine Cupaniopsis anacardiodes Carrotwood Enterolobium cyclocarpum Ear Tree Eucalyptus spp Eucalyptus Ficus sup Ficus Grevillea robusta Silk Oak Hibiscus tiliaceus Mahoe Melaleuca quinquenervia Melaleuca Page 17 Metopium toxiferum Poison Wood Psidium quaiava/littorale Guava Ricinus communis Castorbean Sapium sebiferum Chinese Tallow Tree Schinus terebinthifolius Brazilian Pepper Syzygiium cumini Java Plum Thespesia populnea Mahoe (Q) Public Property Planting and Maintenance Standards (1) The planting and removal of trees in the public right -of -way shall be the responsibility of the Public Works Department. (2) Notwithstanding anything contained in this section to the contrary, the city shall have the sole and exclusive right to plant, prune, maintain and remove trees, plants and shrubs within - the lines of all streets, alleys, avenues, lanes, squares and public areas, as may' be necessary to insure public safety or to preserve or enhance the symmetry and beauty of all public grounds. The city may remove or cause to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature constitutes a public' nuisance or is injurious to sewers, electric lines,' water lines or other public improvements, or is afflicted' with 'any injurious fungus, insect or pest. This section does not prohibit the planting of trees adjacent to any public was adjacent property owners provided that the trees are properly placed and maintained in accordance with tree planting and maintenance standards. (R) Emergency Provisions. In the event that it is believed that any tree in the City is in a hazardous condition so as to endanger the public health, safety and general welfare unless it is immediately removed, the City Manager, or his designee, may verbally authorize the removal of such tree following a personal inspection of the subject tree without the securing of a removal permit as required by this section. In addition, the provisions and requirements of this section may be temporarily stayed by a majority vote of the City Commission following the occurrence of a "hurricane, tornado, flood, or other natural disaster. Section 3. If any section, clause, sentence, or phrase of this ordinance' is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall Page 18 not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of 92006. ATTEST: APPROVED: CITY CLERK MAYOR I5t Reading= 2nd Reading COMMISSION VOTE: READ AND APPROVED AS TO FORM Mayor Feliul: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: CITY ATTORNEY Commissioner Beckman: E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \4- 11- 06\LDC Tree Ordinance Revised (Wiscombe draft).doc Page 19' ;,N w w z V LL- LU N LLJ T 0 Z Q V z w20 2 CL Z =00 aW �ca 0 co zCL I LU LU H W N a 0 CL .-, ec a U •O CL � U C p bA a a cc once. a 3 3 ce _a aviC,b� Z A' o y Qy h iii 04 to ee ee A. b bn � w a m ... a a cq w .-, 'v q � p. v�o_amaaaaa 7s vs •> b O C 0 O° -.w 01.0 U U ca o on a� c° c y 3 V 0 ZA ed y.- �,3� a� c3 U cd ai ° •� Gil bA • V 0 � y ° cd °cam °�c'",�a�,� c° ° N °� .t .y . ^ '� �' v 40, G CO ° 7EL 0 N � cd 0 Cd 10 41 ed VI a� oGip�aG� eq 6O„ �H cd Noy z >'4 a � A•i V1 N G w. W z 0 U. 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